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Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2023 (No. 1)[1]

Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011

I, Mark Dreyfus, Attorney-General, make this Determination under subsection 9(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.

[Signed]

Attorney-General

8 June 2023

    1 Name of Determination

    This Determination is the Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2023 (No. 1).

    2 Commencement

    This Determination commences on the day after it is registered.

    3 Definitions

        (1) In this Determination:

        the Act means the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.

        ADI (short for authorised deposit-taking institution) has the same meaning as in the AML/CTF Act.

        AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

        acquired refers to the acquisition of the business of an entity.

        AUSTRAC has the same meaning as in the AML/CTF Act.

        AUSTRAC CEO has the same meaning as in the AML/CTF Act.

        census day, in relation to the financial year, has the same meaning as in the Act.

        earnings, in relation to a leviable entity, means:

            (a) if the leviable entity is an ADI or a registered financial corporation – the total profit before tax, depreciation and amortisation (PBTDA), not adjusted for significant items; or

            (b) if the leviable entity is a member of a group of leviable entities and any member of that group is an ADI or a registered financial corporation – the total profit before tax, depreciation and amortisation (PBTDA) not adjusted for significant items; or

            (c) in any other case – the total earnings before tax, interest, depreciation and amortisation (EBITDA) not adjusted for significant items;

        of the leviable entity, for a year ending in the previous financial year, the details of which have been recorded in accordance with the requirements for the roll maintained by the AUSTRAC CEO under section 51C of the AML/CTF Act.

            Note 1: The above definition recognises that leviable entities may have annual accounting periods that end on other than 30 June in any year.

            Note 2: The operation of the above definition in relation to leviable entities that are foreign companies or subsidiaries of foreign companies is affected by subitem (2) of this item 3.

        financial year means the financial year beginning on 1 July 2022.

        foreign company has the same meaning as in the Corporations Act 2001.

        group of leviable entities means all leviable entities that are related bodies corporate.

        leviable entity, in relation to the financial year, has the same meaning as in the Act.

        leviable report, in relation to a leviable entity, means one of the following reports given to the AUSTRAC CEO during the calendar year beginning on 1