Document ID: chunk:federal_register_of_legislation:C2025C00044:section:5:p12
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 5 (pt 12/19)
Character Range: 61733–64486

an obligation (whether expressed or implied) to repay the amount; and
 (d) a transaction (whatever its terms or form) which in substance effects a loan of money;
but does not include:
 (e) if goods are sold on credit—the provision by the seller of that credit; or
 (f) if services are provided on credit—the provision by the provider of the service of that credit; or
 (g) anything that, under the AML/CTF Rules, is taken not to be a loan for the purposes of this Act.
make available, when used in relation to money, includes reducing the balance of a loan account.
managed investment scheme has the same meaning as in the Corporations Act 2001.
Note: A notified foreign passport fund is a managed investment scheme for the purposes of that Act, see section 1213E of that Act.
member of the staff of the Australian Crime Commission has the same meaning as in the Australian Crime Commission Act 2002.
modifications includes additions, omissions and substitutions.
monetary instrument means any of the following:
 (a) physical currency;
 (b) a bearer negotiable instrument;
 (c) a thing prescribed by the AML/CTF Rules.
monetary instrument amount for a monetary instrument means:
 (a) for physical currency—the amount of the currency; or
 (b) for a bearer negotiable instrument—the amount payable under the instrument; or
 (c) for a thing prescribed by the AML/CTF Rules for the purposes of paragraph (c) of the definition of monetary instrument in this section—the amount worked out in accordance with the AML/CTF Rules.
money includes:
 (a) physical currency; and
 (b) money held in an account, whether denominated in Australian currency or any other currency; and
 (c) money held on deposit, whether denominated in Australian currency or any other currency; and
 (d) a digital representation of value:
 (i) that is issued by or under the authority of a government body; and
 (ii) that is intended to function as money.
Example: Central bank digital currency.
money laundering means conduct that amounts to:
 (a) an offence against Division 400 of the Criminal Code; or
 (b) an offence against a law of a State or Territory that corresponds to an offence referred to in paragraph (a); or
 (c) an offence against a law of a foreign country or of a part of a foreign country that corresponds to an offence referred to in paragraph (a).
money laundering and terrorism financing risk assessment has the meaning given by subsection 165(6).
monitoring powers has the meaning given by section 148.
monitoring warrant means a warrant issued under section 159.
move:
 (a) move a monetary instrument into Australia has the meaning given by section 55; and
 (b) move a monetary instrument out of Australia has the meaning given by section 56.
multiple‑institution