Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
In force
Administered by
Attorney-General's Department
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
C2023C00153 (C52)
01 July 2023
-
13 September 2023
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Introduction
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
6 Designated services
7 Services provided jointly to 2 or more customers
8 Person to person electronic funds transfer instructions
9 Same person electronic funds transfer instructions
10 Designated remittance arrangements etc.
11 Control test
12 Owner managed branches of ADIs
13 Eligible gaming machine venues
14 Residency
15 Shell banks
16 Electronic communications
17 Bearer negotiable instruments
18 Translation of foreign currency to Australian currency
19 Translation of digital currency to Australian currency
20 Clubs and associations
21 Permanent establishment
22 Officials of Commonwealth, State or Territory agencies
23 Continuity of partnerships
24 Crown to be bound
25 Extension to external Territories
26 Extra territorial application
Collapse
Part 2—Identification procedures etc.
Collapse
Division 1—Introduction
27 Simplified outline
Division 2—Identification procedures for certain pre commencement customers
28 Identification procedures for certain pre commencement customers
29 Verification of identity of pre commencement customer etc.
Division 3—Identification procedures for certain low risk services
30 Identification procedures for certain low risk services
31 Verification of identity of low risk service customer etc.
Division 4—Identification procedures etc.
32 Carrying out applicable customer identification procedure before commencement of provision of designated service
33 Special circumstances that justify carrying out the applicable customer identification procedure after the commencement of the provision of a designated service
34 Carrying out the applicable customer identification procedure after the commencement of the provision of a designated service etc.
Division 5—Verification of identity etc.
35 Verification of identity of customer etc.
Division 5A—Use and disclosure of personal information for the purposes of verifying an individual’s identity
35A Reporting entities may disclose certain personal information to credit reporting bodies for identity verification purposes
35B Credit reporting bodies may use and disclose certain personal information for identity verification purposes
35C Reporting entities to notify inability to verify identity
35D Verification information not to be collected or held by a credit reporting body
35E Retention of verification information—credit reporting bodies
35F Retention of verification information—reporting entities
35G Access to verification information
35H Unauthorised access to verification information—offence
35J Obtaining access to verification information by false pretences—offence
35K Unauthorised use or disclosure of verification information—offence
35L Breach of requirement is an interference with privacy
Division 6—Ongoing customer due diligence
36 Ongoing customer due diligence
Division 7—General provisions
37 Applicable customer identification procedures may be carried out by an agent of a reporting entity
37A Reliance on applicable customer identification procedures or other procedures—agreements or arrangements
37B Regular assessments of agreement or arrangement covered by section 37A
38 Reliance on applicable customer identification procedures or other procedures—other circumstances
39 General exemptions
Collapse
Part 3—Reporting obligations
Collapse
Division 1—Introduction
40 Simplified outline
Collapse
Division 2—Suspicious matters
41 Reports of suspicious matters
42 Exemptions
Collapse
Division 3—Threshold transactions
43 Reports of threshold transactions
44 Exemptions
Collapse
Division 4—International funds transfer instructions
45 Reports of international funds transfer instructions
46 International funds transfer instruction
Collapse
Division 5—AML/CTF compliance reports
47 AML/CTF compliance reports
48 Self incrimination
Collapse
Division 6—General provisions
49 Further information to be given to the AUSTRAC CEO etc.
49A AML/CTF Rules may make provision in relation to reports by registered remittance affiliates
50 Request to obtain information about the identity of holders of foreign credit cards and foreign debit cards
50A Secrecy—information obtained under section 49
51 Division 400 and Chapter 5 of the Criminal Code
Collapse
Part 3A—Reporting Entities Roll
51A Simplified outline
51B Reporting entities must enrol
51C Reporting Entities Roll
51D Enrolment
51E Applications for enrolment
51F Enrolled persons to advise of change in enrolment details
51G Removal of entries from the Reporting Entities Roll
Collapse
Part 4—Reports about cross border movements of monetary instruments
Collapse
Division 1—Simplified outline of this Part
52 Simplified outline of this Part
Collapse
Division 2—Reports about monetary instruments
53 Reports about movements of monetary instruments into or out of Australia
54 Reports about receipts of monetary instruments moved into Australia
55 Movements of monetary instruments into Australia
56 Movements of monetary instruments out of Australia
57 Obligations of customs officers and police officers
Collapse
Division 4—Information about reporting obligations
61 Power to affix notices about reporting obligations
62 Notice about reporting obligations to be given to travellers to Australia
Collapse
Part 5—Electronic funds transfer instructions
Collapse
Division 1—Introduction
63 Simplified outline
Collapse
Division 2—2 or more institutions involved in the transfer
64 Electronic funds transfer instructions—2 or more institutions involved in the transfer
65 Request to include customer information in certain international electronic funds transfer instructions
Collapse
Division 3—Only one institution involved in the transfer
66 Electronic funds transfer instructions—only one institution involved in the transfer
Collapse
Division 4—General provisions
67 Exemptions
68 Defence of relying on information supplied by another person
69 Division 400 and Chapter 5 of the Criminal Code
70 Required transfer information
71 Complete payer information
72 Tracing information
Collapse
Part 6—The Remittance Sector Register
Collapse
Division 1—Simplified outline
73 Simplified outline
Collapse
Division 2—Restrictions on providing certain remittance services
74 Unregistered persons must not provide certain remittance services
Collapse
Division 3—Registration of persons
75 Remittance Sector Register
75A Information to be entered on the Remittance Sector Register
75B Applications for registration
75C Registration by AUSTRAC CEO
75D Spent convictions scheme
75E Registration may be subject to conditions
75F When registration of a person ceases
75G Cancellation of registration
75H Suspension of registration
75J Renewal of registration
75K Removal of entries from the Remittance Sector Register
75L AML/CTF Rules—general provision
75M Registered persons to advise of material changes in circumstance etc.
75N AUSTRAC CEO may request further information
75P Immunity from suit
75Q Steps to be taken by AUSTRAC CEO before making certain reviewable decisions
Collapse
Division 5—Basis of registration
75T Basis of registration
Collapse
Part 6A—The Digital Currency Exchange Register
Collapse
Division 1—Simplified outline
76 Simplified outline
Collapse
Division 2—Restrictions on providing digital currency exchange services
76A Unregistered persons must not provide certain digital currency exchange services
Collapse
Division 3—Registration of persons
76B Digital Currency Exchange Register
76C Information to be entered on the Digital Currency Exchange Register
76D Applications for registration
76E Registration by AUSTRAC CEO
76F Spent convictions scheme
76G Registration may be subject to conditions
76H When registration of a person ceases
76J Cancellation of registration
76K Suspension of registration
76L Renewal of registration
76M Removal of entries from the Digital Currency Exchange Register
76N AML/CTF Rules—general provision
76P Registered persons to advise of material changes in circumstance etc.
76Q AUSTRAC CEO may request further information
76R Immunity from suit
76S Steps to be taken by AUSTRAC CEO before making certain reviewable decisions
Collapse
Division 4—Basis of registration
76T Basis of registration
Collapse
Part 7—Anti money laundering and counter terrorism financing programs
Collapse
Division 1—Introduction
80 Simplified outline
Collapse
Division 2—Reporting entity’s obligations
81 Reporting entity must have an anti money laundering and counter terrorism financing program
82 Compliance with Part A of an anti money laundering and counter terrorism financing program
Collapse
Division 3—Anti money laundering and counter terrorism financing programs
83 Anti money laundering and counter terrorism financing programs
84 Standard anti money laundering and counter terrorism financing program
85 Joint anti money laundering and counter terrorism financing program
86 Special anti money laundering and counter terrorism financing program
87 Revocation of adoption of anti money laundering and counter terrorism financing program
88 Different applicable customer identification procedures
89 Applicable customer identification procedures—agent of customer
90 Applicable customer identification procedures—customers other than individuals
91 Applicable customer identification procedures—disclosure certificates
Collapse
Division 4—Other provisions
92 Request to obtain information from a customer
93 Exemptions
Collapse
Part 8—Correspondent banking
94 Simplified outline of this Part
95 Prohibitions on correspondent banking relationships involving shell banks
96 Due diligence assessments and records of correspondent banking relationships
100 Geographical links
Collapse
Part 9—Countermeasures
101 Simplified outline
102 Countermeasures
103 Sunsetting of regulations after 2 years
Collapse
Part 10—Record keeping requirements
Collapse
Division 1—Introduction
104 Simplified outline
105 Privacy Act not overridden by this Part
Collapse
Division 2—Records of transactions etc.
106 Records of designated services
107 Transaction records to be retained
108 Customer provided transaction documents to be retained
109 Records relating to transferred ADI accounts
110 Retention of records relating to closed ADI accounts
Collapse
Division 3—Records in connection with the carrying out of identification procedures
111 Copying documents obtained in the course of carrying out an applicable custom identification procedure
112 Making of records of identification procedures
113 Retention of records of identification procedures
114 Retention of information if identification procedures taken to have been carried out by a reporting entity
114A Retention of records of assessments of agreements or arrangements covered by section 37A
Collapse
Division 4—Records about electronic funds transfer instructions
115 Retention of records about electronic funds transfer instructions
Collapse
Division 5—Records about anti money laundering and counter terrorism financing programs
116 Records about anti money laundering and counter terrorism financing programs
Collapse
Division 6—Records about correspondent banking relationships
117 Retention of records about correspondent banking relationships
Collapse
Division 7—General provisions
118 Exemptions
119 This Part does not limit any other obligations
Collapse
Part 11—Secrecy and access
Collapse
Division 1—Introduction
120 Simplified outline of this Part
Collapse
Division 2—AUSTRAC entrusted persons
121 Offence—AUSTRAC entrusted persons
Collapse
Division 3—Protection of information given under Part 3
123 Offence of tipping off
124 Report and information not admissible
Collapse
Division 4—Access to AUSTRAC information by Commonwealth, State or Territory agencies
125 Access to AUSTRAC information
126 Dealings with AUSTRAC information
Collapse
Division 5—Disclosure of AUSTRAC information to foreign countries or agencies
127 Disclosure of AUSTRAC information to foreign countries or agencies
Collapse
Division 6—Unauthorised accessing of or use or disclosure of AUSTRAC information
128 Unauthorised accessing of AUSTRAC information
129 Use or disclosure of AUSTRAC information disclosed in contravention of this Part
Collapse
Division 7—Use of AUSTRAC information in court or tribunal proceedings
134 Use of AUSTRAC information in court or tribunal proceedings
Collapse
Part 12—Offences
135 Simplified outline
136 False or misleading information
137 Producing false or misleading documents
138 False documents
139 Providing a designated service using a false customer name or customer anonymity
140 Receiving a designated service using a false customer name or customer anonymity
141 Customer commonly known by 2 or more different names—disclosure to reporting entity
142 Conducting transactions so as to avoid reporting requirements relating to threshold transactions
143 Conducting transfers to avoid reporting requirements relating to cross border movements of monetary instruments
Collapse
Part 13—Audit
Collapse
Division 1—Introduction
144 Simplified outline
Collapse
Division 2—Appointment of authorised officers and issue of identity cards
145 Appointment of authorised officers
146 Identity cards
Collapse
Division 3—Powers of authorised officers
Collapse
Subdivision A—Monitoring powers
147 Authorised officer may enter premises by consent or under a monitoring warrant
148 Monitoring powers of authorised officers
149 Tampering or interfering with things secured in the exercise of monitoring powers
Subdivision B—Powers of authorised officers to ask questions and seek production of documents
150 Authorised officer may ask questions and seek production of documents
Division 4—Obligations and incidental powers of authorised officers
151 Authorised officer must produce identity card on request
152 Consent
153 Announcement before entry
154 Details of monitoring warrant to be given to occupier etc. before entry
155 Use of electronic equipment in exercising monitoring powers
156 Compensation for damage to electronic equipment
Division 5—Occupier’s rights and responsibilities
157 Occupier entitled to be present during execution of monitoring warrant
158 Occupier to provide authorised officer with facilities and assistance
Division 6—Monitoring warrants
159 Monitoring warrants
160 Magistrates—personal capacity
Division 7—External audits
161 External audits—risk management etc.
162 External audits—compliance
163 External auditor may have regard to the results of previous audit
164 External auditors
Division 8—Money laundering and terrorism financing risk assessments
165 Money laundering and terrorism financing risk assessments
Collapse
Part 14—Information gathering powers
166 Simplified outline
167 Authorised officer may obtain information and documents
168 Copying documents—reasonable compensation
169 Self incrimination
170 Copies of documents
171 Authorised officer may retain documents
172 Division 400 and Chapter 5 of the Criminal Code
Collapse
Part 15—Enforcement
Collapse
Division 1—Introduction
173 Simplified outline
Collapse
Division 2—Civil penalties
174 Ancillary contravention of civil penalty provision
175 Civil penalty orders
176 Who may apply for a civil penalty order
177 2 or more proceedings may be heard together
178 Time limit for application for an order
179 Civil evidence and procedure rules for civil penalty orders
180 Civil proceedings after criminal proceedings
181 Criminal proceedings during civil proceedings
182 Criminal proceedings after civil proceedings
183 Evidence given in proceedings for penalty not admissible in criminal proceedings
Collapse
Division 3—Infringement notices for certain contraventions
184 When an infringement notice can be given
185 Matters to be included in an infringement notice
186A Amount of penalty—breaches of certain provisions of Part 3A, 4, 6 or 6A
186B Amount of penalty—breaches of designated infringement notice provisions
187 Withdrawal of an infringement notice
188 What happens if the penalty is paid
189 Effect of this Division on criminal and civil proceedings
Collapse
Division 4—Monitoring of compliance
190 Monitoring of compliance
Collapse
Division 5—Remedial directions
191 Remedial directions
Collapse
Division 6—Injunctions
192 Injunctions
193 Interim injunctions
194 Discharge etc. of injunctions
195 Certain limits on granting injunctions not to apply
196 Other powers of the Federal Court unaffected
Collapse
Division 7—Enforceable undertakings
197 Acceptance of undertakings
198 Enforcement of undertakings
Collapse
Division 8—Powers of questioning, search and arrest for cross border movements of monetary instruments
199 Questioning and search powers in relation to monetary instruments
201 Arrest without warrant
Collapse
Division 9—Notices to reporting entities
202 Notices to reporting entities
203 Contents of notices to reporting entities
204 Breaching a notice requirement
205 Self incrimination
206 Division 400 and Chapter 5 of the Criminal Code
207 Disclosing existence or nature of notice
Collapse
Part 16—Administration
Collapse
Division 1—Introduction
208 Simplified outline
Collapse
Division 2—Establishment and function of AUSTRAC
209 Establishment of AUSTRAC
210 Function of AUSTRAC
Collapse
Division 3—Chief Executive Officer of AUSTRAC
Collapse
Subdivision A—Office and functions of the AUSTRAC CEO
211 AUSTRAC CEO
212 Functions of the AUSTRAC CEO
213 Policy principles
Collapse
Subdivision B—Appointment of the AUSTRAC CEO etc.
214 Appointment of the AUSTRAC CEO etc.
215 Remuneration and allowances of the AUSTRAC CEO
216 Leave of absence of the AUSTRAC CEO
217 Resignation of the AUSTRAC CEO
219 Termination of the AUSTRAC CEO’s appointment
220 Other terms and conditions
221 Acting appointments
222 Delegation by the AUSTRAC CEO
223 Secretary may require the AUSTRAC CEO to give information
Collapse
Division 4—Staff of AUSTRAC etc.
224 Staff of AUSTRAC
225 Consultants and persons seconded to AUSTRAC
Collapse
Division 6—Directions by Minister
228 Directions by Minister
Collapse
Division 7—AML/CTF Rules
229 AML/CTF Rules
Collapse
Part 17—Vicarious liability
230 Simplified outline
231 Criminal liability of corporations
232 Civil liability of corporations
233 Liability of persons other than corporations
Collapse
Part 17A—Review of decisions
233A Simplified outline
233B Reviewable decisions
233C Giving notice of reviewable decisions
233D Applications for reconsideration of decisions made by delegates of the AUSTRAC CEO
233E Reconsideration of reviewable decisions
233F Review by the Administrative Appeals Tribunal
233G Failure to comply does not affect validity
Collapse
Part 18—Miscellaneous
234 Simplified outline
235 Protection from liability
236 Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention
237 Treatment of partnerships
238 Treatment of unincorporated associations
239 Treatment of trusts with multiple trustees
240 Concurrent operation of State and Territory laws
241 Act not to limit other powers
242 Law relating to legal professional privilege not affected
243 Validity of transactions
244 Reports to the AUSTRAC CEO etc.
245 Arrangements with Governors of States etc.
246 This Act does not limit other information gathering powers
247 General exemptions
248 Exemptions and modifications by the AUSTRAC CEO
249 Specification by class
250 Schedule 1 (alternative constitutional basis)
251 Review of operation of Act
252 Regulations
Collapse
Schedule 1—Alternative constitutional basis
1 Alternative constitutional basis
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history