Note: This is not the [authoritative source](https://www.comlaw.gov.au/Details/C2012C00832) for this act, and likely contains errors

# Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011

##### Act No. 56 of 2011 as amended

##### This compilation was prepared on 20 November 2012
##### taking into account amendments up to Act No. 136 of 2012


##### The text of any of those amendments not in force
##### on that date is appended in the Notes section


##### The operation of amendments that have been incorporated may be
##### affected by application provisions that are set out in the Notes section


##### Prepared by the Office of Parliamentary Counsel, Canberra

## 
## Contents


       *   "1-9" \t "ActHead 1,2,ActHead 2,2,ActHead 3,3,ActHead 4,4,ActHead 5,5, Schedule,2, Schedule Text,3, NotesSection,6" 1	Short title [_see_ Note 1]	 

       * 2	Commencement	 

       * 3	Schedule(s)	 

       * 4	Review of operation of AUSTRAC cost recovery levy	 

     * **Schedule 1--Amendment of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006	 **

     * Schedule 2--Infringement notice provisions	 **

    * **Part 1--Amendments	 

   * _Anti-Money Laundering and Counter-Terrorism Financing Act 2006	 _

    * _Part 2--Transitional provision	 

     * **Notes		 **

### **
### An Act to deal with consequential matters relating to the enactment of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011, and for related purposes


    * 1**  Short title **[_see_ Note 1]

    * This Act may be cited as the _Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_.

##### 2  Commencement

    * (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

**Commencement information**

Column 1**

Column 2**

Column 3**

Provision(s)**

Commencement**

Date/Details**

**1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2011

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 November 2011

(_see_ F2011L02035)

3.  Schedule 2, Part 1

The later of: 

  *  (a) the commencement of item 31 of Schedule 1 to the _Combating the Financing of People Smuggling and Other Measures Act 2011_; and

  *  (b) immediately after the commencement of the provision(s) covered by table item 2.

However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.

1 November 2011

4.  Schedule 2, Part 2

Immediately after the commencement of the provision(s) covered by table item 2.

1 November 2011

       *  	Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

    * (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

##### 3  Schedule(s)

    * Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

##### 4  Review of operation of AUSTRAC cost recovery levy

    * (1) The Minister must cause an independent review of the operation of the levy imposed by the _Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011_ to be undertaken as soon as possible after the second anniversary of the commencement of section 3 of that Act.

    * (2) The person who undertakes the review must give the Minister a written report of the review within 6 months after the second anniversary of the commencement of section 3 of the _Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011_.

    * (3) The Minister must cause a copy of the report of the review to be tabled in each House of Parliament within 15 sitting days of receiving it.

    * (4) A report prepared under subsection (1) must include but is not limited to:

      * (a) a review of the levy calculation methodology; and

      * (b) consultation with industry participants including small and micro businesses about the impact of the levy and the costs of complying with the _Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011_.

### 
### Schedule 1--Amendment of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006


##### 1  Section 5

   * Insert: 

    * **_enrolment details_**, in relation to a person, means such information relating to the person as is specified in the AML/CTF Rules.

##### 2  After Part 3

   * Insert: 

### Part 3A--Reporting Entities Roll

##### 51A  Simplified outline

    * The following is a simplified outline of this Part: 

      *  	Providers of designated services must be entered on the Reporting Entities Roll.

##### 51B  Reporting entities must enrol

    * (1) If a person's name is not entered on the Reporting Entities Roll, the person must:

      * (a) if the person provided a designated service during the period of 28 days before the commencement of this section--apply in writing to the AUSTRAC CEO under subsection 51E(1) within 28 days after the commencement of this section; or

      * (b) if the person commences to provide a designated service after the commencement of this section--apply in writing to the AUSTRAC CEO under subsection 51E(1) within 28 days after commencing to provide the designated service.

    * (2) Subsection (1) does not apply if the person:

      * (a) has applied under subsection 51E(1) in relation to the provision of another designated service; and

      * (b) has not since requested under section 51G that the AUSTRAC CEO remove the person's name and enrolment details from the Reporting Entities Roll.

    * _Civil penalty_

    * _	(3)	Subsection (1) is a civil penalty provision.

##### 51C  Reporting Entities Roll

    * (1) The AUSTRAC CEO must maintain a roll for the purposes of this Part, to be known as the Reporting Entities Roll.

    * (2) The AUSTRAC CEO may maintain the Reporting Entities Roll by electronic means.

    * (3) The Reporting Entities Roll is not a legislative instrument.

    * (4) The AML/CTF Rules may make provision for and in relation to either or both of the following:

      * (a) the correction of entries in the Reporting Entities Roll;

      * (b) any other matter relating to the administration or operation of the Reporting Entities Roll, including the removal of names and enrolment details from the Reporting Entities Roll.

##### 51D  Enrolment

    * If a person applies to the AUSTRAC CEO under subsection 51E(1) and the person's name is not already entered on the Reporting Entities Roll, the AUSTRAC CEO must enter on the Reporting Entities Roll:

      * (a) the person's name; and

      * (b) the person's enrolment details.

##### 51E  Applications for enrolment

    * (1) A person may apply in writing to the AUSTRAC CEO for enrolment as a reporting entity.

    * (2) The application must:

      * (a) be in accordance with the approved form, or in a manner specified in the AML/CTF Rules; and

      * (b) contain the information required by the AML/CTF Rules.

##### 51F  Enrolled persons to advise of change in enrolment details

    * (1) A person who is enrolled under this Part must advise the AUSTRAC CEO, in accordance with subsection (2), of any change in the person's enrolment details that is of a kind specified in the AML/CTF Rules.

    * (2) A person who is required by subsection (1) to advise the AUSTRAC CEO of a change in enrolment details must do so:

      * (a) within 14 days of the change arising; and

      * (b) in accordance with the approved form, or in a manner specified in the AML/CTF Rules.

    * _Civil penalty_

    * _	(3)	Subsection (1) is a civil penalty provision.

##### 51G  Removal of entries from the Reporting Entities Roll

    * (1) A person may, in writing, request the AUSTRAC CEO to remove the person's name and enrolment details from the Reporting Entities Roll.

    * (2) The request must:

      * (a) be in the approved form; and

      * (b) contain the information required by the AML/CTF Rules.

    * (3) The AUSTRAC CEO must consider the request and remove the person's name and enrolment details from the Reporting Entities Roll if the AUSTRAC CEO is satisfied that it is appropriate to do so, having regard to:

      * (a) whether the person has ceased to provide designated services; and

      * (b) the likelihood of the person providing a designated service in the financial year beginning after the request is given; and

      * (c) any outstanding obligations the person has (if any) to provide a report under any of the following provisions:

       * (i) section 43 (threshold transaction reports);

       * (ii) section 45 (international funds transfer instruction reports);

       * (iii) section 47 (AML/CTF compliance reports).

### Schedule 2--Infringement notice provisions

##### Part 1--Amendments

#### Anti-Money Laundering and Counter-Terrorism Financing Act 2006

##### 1  Before paragraph 184(1A)(a)

   * Insert: 

      * (aaa) subsection 51B(1) (which deals with the requirement for reporting entities to enrol on the Reporting Entities Roll);

      * (aa) subsection 51F(1) (which deals with reporting entities notifying changes of their enrolment details);

##### 2  Subsection 186A(1)

   * Before "by a body corporate", insert "or subsection 51B(1) or 51F(1) (a **_Part 3A infringement notice provision_**)".

   * Note: The heading to section 186A is altered by adding at the end "**or Part 3A**".

##### 3  Subsection 186A(2)

   * After "Part 6 infringement notice provision", insert "or a Part 3A infringement notice provision".

##### 4  Paragraphs 186A(3)(a) and (4)(a)

   * After "Part 6 infringement notice provision", insert "or a Part 3A infringement notice provision".

##### 5  Paragraph 186A(4)(b)

   * After "Part 6 infringement notice provisions", insert "or Part 3A infringement notice provisions".

##### 6  Paragraph 186A(4)(b)

   * After "Part 6 infringement notice provision", insert "or a Part 3A infringement notice provision".

##### Part 2--Transitional provision

##### 7  Transitional

   * (1) If this item commences before the commencement of Part 1 of this Schedule, Division 3 of Part 15 of the _Anti-Money Laundering and Counter-Terrorism Financing Act 2006 _applies with the modifications set out in this item for the period:

      * (a) beginning immediately after the commencement of this item; and

      * (b) ending just before the commencement of Part 1 of this Schedule.

   * (2) Treat a reference in that Division to "subsection 53(3) or 59(4)" as a reference to "subsection 51B(1), 51F(1), 53(3) or 59(4)".

   * (3) Assume the following subsection was added at the end of section 185 of that Act:

    * (2) An infringement notice may specify more than one alleged contravention of one or more of the provisions referred to in subsection 184(1). If it does so, the infringement notice must set out the details referred to in paragraph (1)(c) in relation to each alleged contravention.

   * (4) Assume that the following section was inserted after section 186 of that Act:

##### 186A  Amount of penalty--breaches of certain provisions of Part 3A

    * The penalty to be specified in an infringement notice for an alleged contravention of subsection 51B(1) or 51F(1) must be:

      * (a) for an alleged contravention by a body corporate--a pecuniary penalty equal to 60 penalty units; and

      * (b) for an alleged contravention by a person other than a body corporate--12 penalty units.

##### 
##### Notes to the   \* MERGEFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011


##### Note 1

The _Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011 _as shown in this compilation comprises Act No. 56, 2011 amended as indicated in the Tables below.

##### Table of Acts

Act

Number 
and year


Date 
of Assent


Date of commencement

Application, saving or transitional provisions

_Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_56, 2011

28 June 2011

_See_ s. 2(1)

_Statute Law Revision Act 2012_

_136, 2012

22 Sept 2012

Schedule 2 (item 1): Royal Assent

--

    * 
    * **Table of Amendments**


**ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 4	

am. No. 136, 2012

_PAGE  iii              \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011       _

  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011                    PAGE  iii_

  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011                    PAGE  iii_

  Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011         Act No. 56 of 2011 as amended        PAGE iii_

 FILENAME \p K:\Consolidated Acts\- A -\AustTransRepAnalyCentSuperCostRecLevyConseqAmend2011\2011A056_20121116_2012A136_Conversion_A\AustTranRepAnalCenSupCostRecLevyConAmend2011.doc  TIME \@ "d/M/yyyy h:mm AM/PM" 20/11/2012 8:58 AM_

_**      **

      **

**      

      

_PAGE  2              \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011       _

  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011          PAGE  9_

_         

      

_  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011              PAGE  1_

_**  Schedule 2**    Infringement notice provisions

**  Part 1**    Amendments

  Infringement notice provisions **   Schedule 2**

**  Transitional provision **   Part 2**

**_PAGE  8              \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011       _

_ STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_**Table of Acts**

** STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_**Table of Acts**

** STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_**Table of Acts**

**_  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011                    PAGE  11_

_ STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_** STYLEREF  TableOfAmendHead  \* CHARFORMAT Table of Amendments**

** STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_** STYLEREF  TableOfAmendHead  \* CHARFORMAT Table of Amendments**

** STYLEREF  CharNotesReg  \* CHARFORMAT Notes to the  _ STYLEREF  CharNotesItals  \* CHARFORMAT Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011_

_** STYLEREF  TableOfAmendHead  \* CHARFORMAT Table of Amendments**

