Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p214
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 593378–596659

including:

                 1.         identification and, where applicable, registration details of the applicant and each of the applicant's key personnel;

                 2.         details regarding the nature, legal form, status, and structure of the applicant's business (including in relation to beneficial ownership and control); and

                 3.         whether the applicant or any of its key personnel have been:

                         1.       charged, prosecuted, or convicted in relation to money laundering, terrorism financing, terrorism, people smuggling, fraud, a serious offence, or an offence under the AML/CTF Act or FTR Act; or

                         2.       the subject of any adversely determined civil or criminal proceedings or enforcement action in relation to the management of an entity, or their commercial or professional activities.

Determining applications for registration

    76.3 In determining whether it is appropriate to register a person the AUSTRAC CEO must have regard to:

          1.                whether the applicant has complied with the application requirements under paragraph 76.2; and

          2.                the information contained in the application, including whether there are reasonable grounds to suspect that any information or document provided by the applicant is false or misleading (whether by inclusion or omission) in a material particular.

Renewal of registration

Applying for renewal of registration

    76.4 An application for renewal of registration must be made within the 90-day period ending on the day on which their registration would otherwise cease under section 76H(1)(c) of the AML/CTF Act (being 3 years after the day on which registration took effect).

    76.5 An application for renewal must be made using the approved form and must contain all relevant information prescribed by that form, including a declaration that:

          1.                the person has complied with the requirements of section 76P of the AML/CTF Act, where applicable; and

          2.                the person's enrolment and registration details as they appear on both the Reporting Entities Roll and the Digital Currency Exchange Register are current and correct.

Provisional continuation of registration

    76.6 Provided that an application for renewal of registration has complied with the requirements in paragraphs 76.4 and 76.5, the person's registration will continue until the date on which the decision of the AUSTRAC CEO takes effect, as specified in the notice provided under paragraph 76.9.

Deciding applications for renewal

    76.7 If an application for renewal of registration has been made, the AUSTRAC CEO must renew the registration for a period of three years if satisfied that it is appropriate to do so.

    76.8 In deciding whether it is appropriate to renew a person's registration, the AUSTRAC CEO must have regard to:

          1.                whether the applicant has complied with the requirements under paragraph 76.5;

          2.                the information contained in the application, including whether there are reasonable grounds to suspect that any information or document provided by the applicant is false or