Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p172
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 477143–480188

that the co-operative has ceased to exist;

              (n) information that two or more persons whose names and registration details as currently on the Remittance Sector Register have merged or amalgamated, and the merged or amalgamated entity has commenced, or has continued, to provide a designated service;

              (o) that the person no longer provides a designated service.

    60.5 Advice in regard to a material change relating to the person's registration details may be made by a person (the requestor) who is not the person or an agent of the person, if:

         (1) the request provides evidence of the requestor's authority to make that request, to the satisfaction of the AUSTRAC CEO, and

         (2) the person is an individual who is deceased, or

         (3) the person is a corporate body which has ceased to exist; or

         (4) the person is an individual who no longer has capacity to manage their affairs.

    60.6 To avoid doubt, these AML/CTF Rules do not affect the operation of Part VIIC of the Crimes Act 1914, including the application of Part VIIC to disclosable convictions.

    Note: This means that certain convictions which are spent convictions are not required to be disclosed under these AML/CTF Rules.

    60.7 In this Chapter:

          (1) 'accredited agency' means an agency approved by the Australian Crime Commission to access the National Police Checking Service;

    Note: In 2016, the list of accredited agencies as specified by the Australian Crime Commission was available on the Australian Crime Commission website (www.acic.gov.au).

         (2) 'Australian Police Force' means ACT Policing, the Australian Federal Police, the New South Wales Police Service, the Northern Territory Police, the Queensland Police Service, the Victoria Police, the South Australia Police, the Tasmania Police Service and the Western Australia Police;

         (3) 'beneficial owner' has the same meaning as in Chapter 1 of these AML/CTF Rules;

         (4) 'company' has the same meaning as in the Corporations Act 2001;

         (5) 'control' has the meaning given by section 50AA of the Corporations Act 2001;

          (6) 'Australian Crime Commission' means the agency which, in addition to its other functions, provides systems and services relating to national policing information, including the provision of nationally coordinated criminal history checks;

         (7) 'disclosable convictions' means a conviction that:

              (a) has been recorded by a court; and

              (b) has not been spent under the laws of the country in which the conviction was recorded;

         (8) 'enforcement action' includes any action of a corrective or punitive nature in respect of an alleged breach of a law taken by a regulatory body of the Commonwealth or a State or Territory, or a government body;

         (9) 'entity' has the same meaning as in the Corporations Act 2001;

         (10) 'fraud' means dishonestly obtaining a benefit by deception