Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p198
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 547674–550589

– the relevant earlier date determined in accordance with these paragraphs.

    Note: Paragraph 75J(2)(g) of the AML/CTF Act allows the AUSTRAC CEO to make AML/CTF Rules to specify the period for which renewed registrations have effect.

     Review of decision to refuse renewal of registration

    70.15 A person affected by a decision of the AUSTRAC CEO under paragraph 70.9(2) of these AML/CTF Rules may, if dissatisfied with the decision, apply to the AUSTRAC CEO for the decision to be reconsidered.

    70.16 The application for review must:

         (1) be in writing;

         (2) set out the reasons why the decision should be reviewed;

         (3) be made to the AUSTRAC CEO within:

              (a) 30 days of the date of the decision of the AUSTRAC CEO made under paragraphs 70.9(2) and 70.18; or

              (b) such longer period as the AUSTRAC CEO (whether before or after the end of the 30 day period) allows.

    70.17 After receiving an application under paragraph 70.15, the AUSTRAC CEO must reconsider the decision personally or cause the decision to be reviewed by a delegate to whom the AUSTRAC CEO's power under section 222 of the AML/CTF Act is delegated (the person) who:

         (1) was not involved in making the decision; and

         (2) occupies a position in AUSTRAC that is senior to that occupied by any person involved in making the decision.

    70.18 The person reviewing the decision must:

         (1) affirm, vary or revoke the decision; and

         (2) if the person revokes the decision, make such other decision (if any) as the person thinks appropriate.

    70.19 The person must, as soon as practicable after making a decision under paragraph 70.18, give written notice to the applicant of:

         (1) the decision;

         (2) if the decision is to refuse a renewal of the person's registration – the date the decision takes effect; and

         (3) the reasons for the decision.

    70.20 A failure to comply with the requirements of paragraph 70.13 (about giving notice) in relation to a decision to refuse a renewal of registration does not affect the validity of the decision.

     Failure to apply for a renewal of registration

    70.21 If an application for a renewal of registration is not made within the appropriate application period specified in paragraph 70.2:

         (1) the registration of the person will cease at the end of the current registration period; and

         (2) the AUSTRAC CEO will remove the person from the Remittance Sector Register in accordance with subsections 75K(3) – (6) of the AML/CTF Act, as applicable.

    Note: Under paragraphs 75F(1)(c) and 75J(3)(a) of the AML/CTF Act, the current default registration period is 3 years from the day the registration takes effect. There are currently no AML/CTF Rules which specify other registration periods.

    70.22 In this