Document ID: chunk:federal_register_of_legislation:C2024A00110:clause:8_65
Version: federal_register_of_legislation:C2024A00110
Segment Type: clause
Provision Reference: sch 8 cl 65
Character Range: 151686–153236

65  Obligations of beneficiary institutions

Scope
 (1) This section applies if a beneficiary institution commences to provide the designated service covered by item 30 of table 1 in section 6 to a payee.
Note: For exemptions, see sections 67 and 67A.

Obligations of beneficiary institution
 (2) The beneficiary institution must take reasonable steps to monitor:
 (a) whether it has received the information specified in the AML/CTF Rules relating to the transfer of value; and
 (b) whether the information received about the payee is accurate.
 (3) If:
 (a) the beneficiary institution:
 (i) detects that it has not received all of the information mentioned in paragraph (2)(a); and
 (ii) has not otherwise obtained the information; or
 (b) the beneficiary institution detects that some or all of the information received or otherwise obtained about the payee is not accurate;
then the beneficiary institution must, in accordance with its AML/CTF program, do at least one of the following:
 (c) refuse to make the transferred value available to the payee;
 (d) take such other action as the beneficiary institution determines.
Note: See also section 26G (reporting entities must comply with AML/CTF policies).

AML/CTF Rules
 (4) AML/CTF Rules made for the purposes of this section may make different provision in relation to different kinds of institutions, information, circumstances or any other matter. This does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Civil penalty
 (5) Subsection (2) is a civil penalty provision.