Document ID: chunk:federal_register_of_legislation:C2025C00044:section:5:p1
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 5 (pt 1/19)
Character Range: 33914–36689

5  Definitions
  In this Act:
account includes:
 (a) a credit card account; and
 (b) a loan account (other than a credit card account); and
 (c) an account of money held in the form of units in:
 (i) a cash management trust; or
 (ii) a trust of a kind prescribed by the AML/CTF Rules.
To avoid doubt, it is immaterial whether:
 (d) an account has a nil balance; or
 (e) any transactions have been allowed in relation to an account.
account provider: if an account is with a person, the person is the account provider for the account.
acquiring: in determining whether something is a designated service, acquiring includes anything that, under the regulations, is taken to be acquiring for the purposes of this definition.
ADI (short for authorised deposit‑taking institution) means:
 (a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or
 (b) the Reserve Bank of Australia; or
 (c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
administrative action: see subsection 228A(9).
AFP member (short for Australian Federal Police member) means a member or special member of the Australian Federal Police.
agency:
 (a) a Department of the Commonwealth is taken to be an agency of the Commonwealth for the purposes of this Act;
 (b) a Department of a State is taken to be an agency of the State for the purposes of this Act;
 (c) a Department of a Territory is taken to be an agency of the Territory for the purposes of this Act.
AGO means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
allowing a transaction: in determining whether a person has allowed a transaction, it is immaterial whether the person was obliged to allow the transaction.
AML/CTF Rules (short for Anti‑Money Laundering/Counter‑Terrorism Financing Rules) means the rules made under section 229.
anti‑money laundering and counter‑terrorism financing program has the meaning given by section 83.
applicable customer identification procedure: for the purposes of the application of this Act to customers of a reporting entity, applicable customer identification procedure has the meaning ascertained in accordance with:
 (a) if all of the designated services provided by the reporting entity are covered by item 54 of table 1 in section 6, and there is no joint anti‑money laundering and counter‑terrorism financing program that applies to, and has been adopted by, the reporting entity:
 (i) a special anti‑money laundering and counter‑terrorism financing program that applies to, and has been adopted by, the reporting entity; or
 (ii) if the program has been varied on one