Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p165
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 458135–461058

the subject of a civil penalty order made under the AML/CTF Act;

              (c) has been the subject of civil or criminal proceedings or enforcement action, in relation to the management of an entity, or commercial or professional activities, which were determined adversely to the person or any of its key personnel (including by the person or any of its key personnel consenting to an order or direction, or giving an undertaking, not to engage in unlawful or improper conduct) and which reflected adversely on the person's competence, diligence, judgement, honesty or integrity;

         and if so, the details of each instance as the case may be, for the person and each of its key personnel;

    Note: The above does not affect the operation of Part VIIC of the Crimes Act 1914, which means that certain convictions which are spent convictions are not required to be disclosed under these AML/CTF Rules.

         (2) That the AUSTRAC CEO is satisfied on reasonable grounds that the person has contravened a civil penalty provision of the AML/CTF Act;

         (3) That the AUSTRAC CEO has decided that reasonable grounds exist on which to commence an action to cancel the registration of the person under section 75G of the AML/CTF Act, and that action has not been completed;

         (4) That the AUSTRAC CEO is satisfied on reasonable grounds that the person has contravened:

              (a) a condition imposed on the registration of a person under subsection 75E(1) of the AML/CTF Act; or

              (b) a provision of the AML/CTF Act or a requirement in the AML/CTF Rules;

         (5) That the AUSTRAC CEO suspects on reasonable grounds that the person may contravene a provision of the AML/CTF Act;

         (6) That the AUSTRAC CEO reasonably believes that information or advice provided under any of the following was not true and correct, or was materially misleading (whether by inclusion or omission), at the time the information or advice was provided:

              (a) information provided in any application for registration made under subsection 75B(1) or (2) of the AML/CTF Act;

              (b) information provided in any application for the renewal of registration made for the purposes of section 75J of the AML/CTF Act;

              Note:  Chapter 70 of the AML/CTF Rules specifies the requirements for making an application for the renewal of registration on the Remittance Sector Register.

              (c) advice to the AUSTRAC CEO given under paragraph 75M(1)(d) of the AML/CTF Act of any change in circumstances that could materially affect the person's registration;

              (d) advice to the AUSTRAC CEO given under the AML/CTF Rules made for the purposes of paragraph 75M(1)(e) of the AML/CTF Act;

              (e) advice to the AUSTRAC CEO given under subsection 75M(3) of the AML/CTF Act by a registered remittance network provider of