Document ID: chunk:federal_register_of_legislation:C2025C00044:section:5:p9
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 5 (pt 9/19)
Character Range: 54303–57077

examiner.
examiner of the Australian Crime Commission means an examiner within the meaning of the Australian Crime Commission Act 2002.
exempt financial market operator issue of a security or derivative means the making available of the security or derivative, by the operator of a financial market (within the meaning of Chapter 7 of the Corporations Act 2001), in the course of operating the financial market.
exempt legal practitioner service means a service that, under the AML/CTF Rules, is taken to be an exempt legal practitioner service for the purposes of this Act.
external auditor means a person authorised under section 164 to be an external auditor for the purposes of this Act.
factoring includes anything that, under the regulations, is taken to be factoring for the purposes of this Act.
false customer name means a name other than a name by which the customer is commonly known.
FATF Recommendations (short for Financial Action Task Force Recommendations) means:
 (a) all of the following Recommendations:
 (i) the Forty Recommendations adopted by the Financial Action Task Force on Money Laundering (FATF) at its plenary meeting on 20 June 2003;
 (ii) the Special Recommendations on Terrorist Financing adopted by the Financial Action Task Force on Money Laundering (FATF) at its special plenary meeting on 31 October 2001;
 (iii) Special Recommendation IX on Terrorist Financing adopted by the Financial Action Task Force on Money Laundering (FATF) at its plenary meeting on 20‑22 October 2004; or
 (b) if any or all of those Recommendations are amended—the Recommendations as so amended.
Note: In 2006, the text of the FATF Recommendations was available on the FATF website (www.fatf‑gafi.org).
Federal Court means the Federal Court of Australia.
financial institution means:
 (a) an ADI; or
 (b) a bank; or
 (c) a building society; or
 (d) a credit union; or
 (e) a person specified in the AML/CTF Rules.
The AML/CTF Rules made under paragraph (e) may specify different persons to be financial institutions for the purposes of different provisions of this Act.
financing of terrorism means conduct that amounts to:
 (a) an offence against section 102.6 or Division 103 of the Criminal Code; or
 (b) an offence against section 20 or 21 of the Charter of the United Nations Act 1945; or
 (c) an offence against a law of a State or Territory that corresponds to an offence referred to in paragraph (a) or (b); or
 (d) an offence against a law of a foreign country or a part of a foreign country that corresponds to an offence referred to in paragraph (a) or (b).
Foreign Affairs Minister means the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967.
foreign agency means:
 (a) a government body that has responsibility