AML/CTF Resource Centre

AML/CTF Resource Centre

The Australian Money Laundering/Counter Terrorism Financing (AML/CTF) Resource Centre provides an overview of key information relating to AML/CTF and its application to businesses in Australia.

Select from the following:

Legislation & Regulations


Registered Rules


Draft Rules


AUSTRAC Regulatory Guide


AUSTRAC Guidance Notes


AUSTRAC Information Brochures


AUSTRAC Resources


AUSTRAC Learning Guides


Useful Links



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Legislation & Regulations



Anti Money Laundering and Counter-Terrorism Financing Act 2006
Anti Money Laundering and Counter Terrorism Financing Regulations 2008
On 30 January 2008, the Anti-Money Laundering and Counter-Terrorism Financing Regulations 2008 were registered. These Regulations amend the AML/CTF Act, resolving an unintended exemption in the Act by ensuring that managed investment schemes are captured in the legislation.




Registered Rules



Under section 229 of the Act, the Chief Executive Officer (CEO) of AUSTRAC may, in writing, make AML/CTF Rules. These Rules are legislative instruments and are therefore binding.

Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1)
Instrument No.1 contains the majority of AML/CTF rules. The indexed rules as at 7 January 2009 are as follows:

Chapter 1
Introduction
Chapter 2
Definition of Designated Business Group
Chapter 3
Correspondent Banking Due Diligence
Chapter 4
Customer Identification and Verification
Standard and Joint AML/CTF Programs

Chapter 5
Customer Identification and Verification
Special AML/CTF Programs

Chapter 6
Verification of Identity of Customers
Chapter 7
Deemed Customer Identification (Licenced Financial Advisors and Designated Business Groups)
Chapter 8
Part A of a Standard AML/CTF Program
Chapter 9
Part A of a Joint AML/CTF Program
Chapter 10
Casinos
Chapter 11
Initial Reporting Period 13 December 2006 – 31 December 2007
Chapter 12
Electronic Funds Transfer Instructions
Chapter 13
Approved Third Party Bill Payment System
Chapter 14
Thresholds for Certain Designated Services
Chapter 15
Ongoing Customer Due Diligence
Chapter 16
Reportable Details For International Funds Transfer Instructions
Chapter 17
Reportable Details For International Funds Transfer Instructions under a designated remittance arrangement
Chapter 18
Reportable Details for Suspicious Matters
Chapter 19
Reportable Details for Threshold Transactions
Chapter 20
Record Keeping Obligations Under S 114
Chapter 21
Issuing or Selling of a Security or Derivative
Chapter 22
Exemption of Certain Types of Transactions Relating to the Over-The-Counter Derivatives Market
Chapter 23
AML/CTF Rules for Designated Remittance Arrangements
Chapter 24
AML/CTF Rules for movements of physical currency into or out of Australia
Chapter 25
AML/CTF Rules for receipts of physical currency from outside Australia
Chapter 26
AML/CTF Rules for movements of bearer negotiable instruments into or out of Australia
Chapter 27
AML/CTF Rules for registrable details - Register of providers of designated remittance services

The following AML/CTF Rules instruments are not consolidated into Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1):

Chapter 28
AML/CTF Rules for registrable details - Register of providers of designated remittance services


Chapter 29
- record-keeping obligations under section 107;
- contents of disclosure certificates;
- exemption of certain types of foreign currency;
- exemption of certian types of transactions for safe deposit boxes or similar facilities;
- customer identification procedures for sales of bullion less than $5,000; and
- notices about cross-border movement reporting obligations.


AML CTF Rules
This Instrument contains AML/CTF Rules relating to:
  • movements of bearer negotiable instruments
  • movements of physical currency into or out of Australia
  • receipts of physical currency from outside Australia
  • Register of Providers of Designated Remittance Services.



Draft Rules



Draft Rule
Effect
AML/CTF Rules for 'exempt legal practitioner service'
Defines the term 'exempt legal practitioner service' under section 5 of the AML/CTF Act
AML/CTF Rules relating to the sale of shares for charitable purposes
Exemptions from the customer identification provisions of the AML/CTF Act, those persons who provide an item 33 designated service involving the disposal of low-value parcels of shares, for the purpose of passing the proceeds to charitable organisations who are deductable gift recipients under the Income Tax Assessment Act 1997
AML/CTF Rules to exempt certain reporting entities from threshold transaction reporting
Certain reporting entities are exempt from providing threshold transaction reports, if those threshold transactions take place wholly between certain entities
AML/CTF Rules amending the definitions of 'certified copy' and 'certified extract' in Chapter 1 of the Rules
Amends the definitions of 'certified copy' and 'certified extract' contained in Chapter 1 of the AML/CTF Rules
AML/CTF Rules setting special circumstances for the applicable customer identification procedure
In specified circumstances a reporting entitiy may carry out the applicable customer identification procedure after commencing to provide certain designated services to a customer
AML/CTF Rules amending Chapter 1 of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1)
Inserts a definition of 'accredited translator' into Chapter 1 (Key terms and concepts) of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1). Also makes a minor technical amendment to Chapter 1 to apply the key terms and concepts to the Rules in their entirety
AML/CTF Rules relating to premium funding loans for a general insurance policy
Relates to insurance premium funding for general insurance, which involves a loan to a customer to buy insurance from an insurer, where the lender and the insurer are not the same entitiy
AML/CTF Rules relating to applicable customer identification procedures for correspondent banking relationships
These draft AML/CTF Rules relate to vostro accounts. Potentially a large number of individuals may give instructions for the operation of such accounts
AML/CTF Rules amending the definition of 'designated business group' to allow law and accounting practices
These draft AML/CTF Rules broaden the Chapter 2 definition of 'designated business group' to allow law and accounting practices, subject to certain conditions, to form designated business groups
AML/CTF Rules for corporate treasuries

Intended to cover 'corporate treasury' functions provided within corporate groups and to remove unnecessary financial and administrative burden in cases where a corporate treasury can in practical terms be said to lending to 'itself'


AUSTRAC Regulatory Guide



Regulatory Guide
The AUSTRAC Regulatory Guide is designed to be a practical document to assist industry to understand and meet its obligations under the AML/CTF Act and AML/CTF Rules as well as the Financial Transaction Reports Act. It provides an insight into AUSTRAC's approach to compliance with the AML/CTF legislation and refers to additional AML/CTF resources which may be of assistance to regulated entities. Chapter 8 of the Guide which relates to Ongoing Customer Due Diligence was added in July 2008.



AUSTRAC Guidance Notes



AUSTRAC have issued a series of guidance notes to assist reporting entities in meeting their obligations. For more information, please follow this link:
www.austrac.gov.au/guidance_notes.html




AUSTRAC Information Brochures



AUSTRAC produces information brochures to assist reporting entities with their Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) obligations. These brochures provide an introduction to key AML/CTF obligations and AUSTRAC resources.

AML/CTF information resources for industry


A list of resources which may be of assistance in addressing AML/CTF obligations.

AML/CTF programs


An introduction to AML/CTF programs.

Compliance reports 2007


How to meet your 2007 compliance reporting obligations under the AML/CTF Act.

Customer identification


An introduction to Part B of an AML/CTF program.

Getting started with AUSTRAC Online


An introduction to AUSTRAC's internet-based system, AUSTRAC Online.

Ongoing customer due diligence (OCDD)


An introduction to the ongoing customer due diligence and transaction monitoring obligations under the AML/CTF Act.

Ready reckoner


A summary of the identification and verification requirements for low-risk customer relationships, under Part B of an AML/CTF program.

Reporting requirements


An introduction to the AML/CTF Act reporting requirements.

Sample AML/CTF Report 2008


Sample AML/CTF compliance report covering the period 1 January 2008 to 31 December 2008



AUSTRAC Resources



Public Legal Interpretations
The Public Legal Interpretations (PLIs) convey AUSTRAC's view on the legal meaning and effect of various provisions of the legislation administered by AUSTRAC.













AUSTRAC Annual Report 2008-09



AUSTRAC supervision strategy 2009-10


Remedial Directions - Little Persia



Enforceable Undertaking - Barclays Bank PLC



Enforceable Undertaking - Mega International Commercial Bank




AUSTRAC Typologies and Case Studies Report 2009

AUSTRAC Typologies and Case Studies Report 2008



AUSTRAC Typologies and Case Studies Report 2007




AML/CTF 2008 Compliance Reports

Information for Business

Self Assessment Questionnaire


Small Business Checklist

Risk Management Guide for SMEs


Media Releases



FAQs



Glossary





AUSTRAC Learning Guides



AUSTRAC e-learning: User guide
AUSTRAC e-learning: Intro to AML/CTF Course



Useful Links



AUSTRAC
www.austrac.gov.au
Commonwealth Law
www.comlaw.gov.au




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