Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p217
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 602161–605389

entry and the reasons for amendment; and

         (2) the date on which the changes to the entry take effect

Publication of information

    76.21 The AUSTRAC CEO may publish, in any manner or form that is considered appropriate, any or all of the following:

          1.                the Digital Currency Exchange Register, in whole or in part;

          2.                specified information entered on the Digital Currency Exchange Register;

          3.                details of persons whose applications for registration or renewal of registration on the Digital Currency Exchange Register have been refused;

          4.                details of persons whose registration on the Digital Currency Exchange Register has been suspended, and the date the suspension took effect; and

          5.                details of persons whose registration on the Digital Currency Exchange Register has been cancelled, and the date the cancellation took effect.

Definitions

    76.22 In this Chapter:

          1.                'approved' means approved by the AUSTRAC CEO, in writing, for the purposes of the provision in which the term occurs.

          2.                'authorised individual' means a natural person who is:

                 1.         a beneficial owner; or

                 2.         an officer as defined in section 9 of the Corporations Act 2001 or;

                 3.         an employee of the applicant who has been authorised in writing by an applicant to act in this capacity;

          3.                'key personnel' means:

                 1.         in the case of a company, corporation sole or body politic, is a natural person that is;

                         1.       a beneficial owner; or

                         2.       an officer as defined in section 9 of the Corporations Act 2001, or an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the body corporate's policy;

                 2.         in the case of an individual, trust or partnership, is a natural person that is an employee or agent of the individual, trust or partnership with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual, trust or partnership;

          4.                'serious offence' means:

                 1.         an offence against a law of the Commonwealth, or a law of a State or Territory, punishable on indictment by imprisonment for 2 or more years; or

                 2.         an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted a serious offence.

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the Australian Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.oaic.gov.au or call 1300 363 992.

CHAPTER 77 Exemption from the applicable customer