Document ID: chunk:federal_register_of_legislation:C2024A00110:clause:3_9
Version: federal_register_of_legislation:C2024A00110
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 106618–109071

9                              providing a registered office address or principal place of business address of a body corporate or legal arrangement, in the course of carrying on a business                                                                                       the person to whom the service is provided

 (5C) For the purposes of item 3 of the table in subsection (5B), the circumstances are as follows:
 (a) the money, accounts, securities, securities accounts, virtual assets or other property being held or managed is payment by the person for the provision of goods or services by the business;
 (b) both:
 (i) the business does not provide any designated services other than the services referred to in item 3 of the table in subsection (5B); and
 (ii) the money, accounts, securities, securities accounts, virtual assets or other property being held or managed is for payments reasonably incidental to the provision by the business of a service that is not a designated service;
 (c) the money, accounts, securities, securities accounts, virtual assets or other property being held or managed is to be received or payable under an order of a court or tribunal;
 (d) the service provided by the business is the receipt or disbursement of a payment mentioned in subsection (5D);
 (e) the service is any other designated service;
 (f) a circumstance specified in the AML/CTF Rules.
Note: An example of a circumstance to which paragraph (b) applies is fees paid to a barrister for representation in legal proceedings or property management services.
 (5D) For the purposes of paragraph (5C)(d), the payments are:
 (a) a payment to or from any of the following:
 (i) a government body;
 (ii) a court or tribunal of the Commonwealth, a State, a Territory or a foreign country;
 (iii) a public international organisation;
 (iv) a person who is licensed under a law of the Commonwealth, a State or a Territory to provide insurance, including self‑insured licensees; or
 (b) a payment of a kind specified in the AML/CTF Rules.
 (5E) For the purposes of item 7 of the table in subsection (5B), the circumstances are:
 (a) acting, or arranging for another person to act, in a fiduciary capacity pursuant to, or as a result of, an order of a court or a tribunal; or
 (b) acting as the trustee of a regulated debtor's estate (within the meaning of Schedule 2 to the Bankruptcy Act 1966); or
 (c) a circumstance specified in the AML/CTF Rules.