Federal Register of Legislation - Australian Government

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This instrument amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 1) to provide definitions of 'approved third-party bill payment system' and subparagraph 70(a)(i) of the AML/CTF Act.
Administered by: Attorney-General's
Registered 24 Jul 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 2)

Anti-Money Laundering and Counter-Terrorism Financing  Act 2006

I, NEIL J JENSEN, Chief Executive Officer, Australian Transaction Reports and Analysis Centre, make this Instrument under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing  Act 2006.

Dated 20 July                               2007

 

Neil J Jensen

Chief Executive Officer
Australian Transaction Reports and Analysis Centre


1              Name of Instrument

                This Instrument is the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 2).

2              Commencement

                This Instrument commences on the day after it is registered.

3              Amendment

                Schedule 1 amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No.1).

Schedule 1        Amendment

[1]           After Chapter 11

insert

Chapter 12            Electronic funds transfer instructions

 

 

12.1     These Anti-Money Laundering and Counter-Terrorism Financing Rules (Rules) are made pursuant to section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) for subparagraph 70(a)(i) of that Act.

12.2     For subparagraph 70(a)(i) of the AML/CTF Act, the following kind of transfer instruction is specified:

(1)        a transfer instruction where money is to be paid by use of a credit card.

12.3     Paragraph 12.2 of these Rules does not apply to a transfer instruction involving e-currency where the transfer instruction falls within paragraph 70(c) of the AML/CTF Act.

 

Note: reporting entities should note that the activities they carry out in order to comply with these Rules are also subject to the provisions of the Privacy Act 1988, even if the reporting entity is generally exempt from that Act.

Chapter 13            Approved third-party bill payment system

 

13.1     These Anti-Money Laundering and Counter-Terrorism Financing Rules (Rules) are made pursuant to section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) for the definition of ‘approved third-party bill payment system’ in section 5 of that Act.

 

13.2     For the definition of ‘approved third-party bill payment system’ in section 5 of the AML/CTF Act, the following bill payment systems are prescribed:

(1)        BPAY;

(2)        DEFT; and

(3)        The Australian Payments Clearing Association Limited’s direct entry system.

 

13.3  In these Rules:

 

(1)           ‘BPAY’ means a national bill payment service provided by banks, building societies and credit unions registered with the BPAY scheme, that is accessed by a registered business’ customer via the telephone or internet and which enables the registered business to collect payments from their customers electronically.

 

(2)           ‘DEFT’ means direct electronic funds transfer which is a payment, collection, receipting and reconciliation service that enables the payment of bills by customers registered with the DEFT scheme through the internet, BPAY, Australia Post offices, telephone or mail.

 

Note: reporting entities should note that the activities they carry out in order to comply with these Rules are also subject to the provisions of the Privacy Act 1988, even if the reporting entity is generally exempt from that Act.