F2025L01026 — Anti-Money Laundering and Counter-Terrorism Financing Rules 2025

1 ‑ 1 Name This instrument is the Anti ‑ Money Laundering and Counter ‑ Terrorism Financing Rules 2025 . 1 ‑ 3 Authority This instrument is made under the Anti ‑ Money Laundering and Counter ‑ Terrorism Financing Act 2006 . 1 ‑ 4 Definitions Note: Expressions used in this instrument have the same meaning as in the Act (see paragraph 13(1)(b) of the Legislation Act 2003 ). Some examples are the following: (a) designated service; (b) financial institution; (c) governing body; (d) nested services relationship; (e) reporting entity; (f) senior manager; (g) transfer of value. In this instrument: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 . ACN has the meaning given by section 9 of the Corporations Act 2001 . Act means the Anti ‑ Money Laundering and Counter ‑ Terrorism Financing Act 2006 . ARBN has the meaning given by section 9 of the Corporations Act 2001 . ARSN has the meaning given by section 9 of the Corporations Act 2001 . Attorney ‑ General’s Department means the Department administered by the Attorney ‑ General. BECS means the Bulk Electronic Clearing System administered by the Australian Payments Network. BPAY means the electronic bill payment system known as BPAY. card number includes a tokenised reference that allows the issuer of a credit card, debit card or stored value card to trace a payment to a payer’s card. co ‑ operative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a co ‑ operative. corporate group means a group of 2 or more bodies corporate, where each member of the group is a related body corporate of each other member of the group. Defence Department means the Department administered by the Minister responsible for administering the Defence Act 1903 . DEFT (short for “Direct Electronic Funds Transfer”) means the electronic bill payment system known as DEFT. director identification number has the meaning given by section 9 of the Corporations Act 2001 . domestic transfer of value : a transfer of value is a domestic transfer of value if the value to be transferred is in Australia and, as a result of the transfer, the value will be in Australia. Note: See section 8 ‑ 9 for the circumstances in which the value is in a country. earnings has the meaning given by subsection 3 ‑ 4(1). eligible officer has the meaning given by section 1272B of the Corporations Act 2001 . Foreign Affairs Department means the Department administered by the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967 . foreign company has the same meaning as in the Corporations Act 2001 . Home Affairs Department means the Department administered by the Minister responsible for administering the Australian Border Force Act 2015 . independent evaluation report has the meaning given by paragraph 5 ‑ 10(2)(e). key personnel of a person means each individual who is any of the following: (a) either: (i) for a person who is an individual—the individual; or (ii) otherwise—the individual, or an individual in the group of individuals, with primary responsibility for the governance and executive decisions of the person; (b) for a person other than an individual—a beneficial owner of the person; (c) an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the person; (d) an AML/CTF compliance officer of the person. Note: For a person who is a reporting entity: (a) paragraph (a) covers the reporting entity’s governing body (defined in section 5 of the Act); and (b) paragraph (c) covers a senior manager (defined in section 5 of the Act) of the reporting entity. leviable entity has the same meaning as in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011 . merchant payment : a transfer of value is a merchant payment if: (a) the value transferred is money; and (b) the money is transferred to the payee in the payee’s capacity as a merchant; and (c) the transfer occurs as a result of the use of any of the following: (i) a credit card; (ii) a debit card; (iii) a stored value card; and (d) the ordering institution issued that card to the payer; and (e) the beneficiary institution initiates the transfer by sending the payer’s instruction for the transfer to the ordering institution; and (f) the beneficiary institution pays, or accepts liability to pay, the payee (either directly or through another person). passport has the same meaning as in the Migration Act 1958 . payable ‑ through accounts has the meaning given by paragraph 7 ‑ 1(3)(g). payer information , in relation to a transfer of value, means both of the following: (a) the payer’s full name; (b) information that is one or more of the following: (i) a unique customer identification number given to the payer by the ordering institution; (ii) a unique identifier for the payer; (iii) if the payer is an individual—the payer’s date and place of birth; (iv) the payer’s full business or residential address (not being a post box). registered financial sector entity means an entity that is a registered entity within the meaning of the Financial Sector (Collection of Data) Act 2001 . registrable services means: (a) in relation to registration or proposed registration of a person under Part 6 of the Act as a remittance network provider—registrable remittance network services; or (b) in relation to registration or proposed registration of a person under Part 6 of the Act as an independent remittance dealer or a remittance affiliate of a registered remittance network provider—registrable remittance services; or (c) in relation to registration or proposed registration of a person under Part 6A of the Act as a virtual asset service provider—registrable virtual asset services. related body corporate has the same meaning as in the Corporations Act 2001 . South Australian Electricity Legislation has the same meaning as in the Competition and Consumer Act 2010 . super ‑ agent has the meaning given by subsection 4 ‑ 13(2). tracing information , in relation to a transfer of value, means information that satisfies both of the following: (a) the information: (i) for a transfer from an account held by the payer with the ordering institution—enables the ordering institution to identify the account; or (ii) for a transfer of a virtual asset from a custodial wallet—enables the ordering institution to identify the payer’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or (iii) for a transfer of a virtual asset from a self ‑ hosted virtual asset wallet—provides the address of the wallet; or (iv) in any other case—provides a unique transaction reference number for the transfer of value; (b) the information: (i) for a transfer in circumstances where the value is to be made available to the payee by depositing it into an account held by the payee—enables the beneficiary institution to identify the account; or (ii) for a transfer of a virtual asset in circumstances where the asset is to be made available to the payee by transferring it to a custodial wallet—enables the beneficiary institution to identify the payee’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or (iii) for a transfer of a virtual asset in circumstances where the value is to be made available to the payee by transferring it to a self ‑ hosted virtual asset wallet—provides the address of the wallet; or (iv) in any other case—provides a unique transaction reference number for the transfer of value. Note: An example of information to which subparagraphs (a)(i) and (b)(i) apply is a combination of a BSB and account number. ultimate parent of a remitter, virtual asset service provider or financial institution means a body corporate that: (a) controls the remitter, virtual asset service provider or financial institution; and (b) is not itself controlled by another body corporate. Note: For the meaning of control , see section 11 of the Act. unique identifier for a person means: (a) a unique identifier given to the person by an Australian government body (other than the person’s tax file number within the meaning of section 202A of the Income Tax Assessment Act 1936 ); or (b) a unique identifier given to the person by a government body of a foreign country (together with information identifying the body); or (c) a legal entity identifier given to the person by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); or (d) a connected business identifier code given to the person by the Society for Worldwide Interbank Financial Telecommunication. unique transaction reference number , in relation to a transfer of value, means information to which both of the following paragraphs apply: (a) the information is a combination of any or all of the following: (i) letters; (ii) digits; (iii) characters; (iv) symbols; (b) the information distinguishes the transfer of value in a way that, either alone or in conjunction with any other information in the transfer message for the transfer of value, enables the ordering institution to associate the transfer of value with the payer, and the beneficiary institution to associate the transfer of value with the payee. 1 ‑ 5 Domestic politically exposed person For the purposes of paragraph (a) of the definition of domestic politically exposed person in section 5 of the Act, the following offices and positions are specified: (a) Governor ‑ General; (b) Governor of a State; (c) Administrator of a Territory; (d) Justice of the High Court; (e) Judge of the Federal Court of Australia; (f) Judge of the Supreme Court of a State or Territory; (g) accountable authority, or member of the accountable authority, of a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ; (h) member of the governing body of a wholly ‑ owned Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013 ; (i) head (however described) of: (i) a Department of State of a State or Territory; or (ii) an agency or authority of a State or Territory that has a prominent public function; (j) head (however described) of a local government council in a State or Territory; (k) any of the following offices of a company or other incorporated body that is wholly ‑ owned or majority ‑ owned by a State or Territory: (i) chair of the board; (ii) chief executive officer; (iii) chief financial officer; (l) Chief of the Defence Force, Vice Chief of the Defence Force, Chief of Navy, Chief of Army or Chief of Air Force; (m) officer of the Navy of the rank of Vice Admiral or a higher rank; (n) officer of the Army of the rank of Lieutenant General or a higher rank; (o) officer of the Air Force of the rank of Air Marshal or a higher rank; (p) any of the following offices of the Commonwealth in a foreign country, or to a public international organisation, to which appointments are made by the Governor ‑ General: (i) Ambassador; (ii) High Commissioner; (iii) Consul ‑ General; (iv) Australian Representative; (v) Special Representative; (vi) Representative; (vii) Permanent Representative; (viii) Chargé d’Affaires; (q) member of the governing body of a political party represented in the legislature of the Commonwealth or a State or Territory. 1 ‑ 6 Enrolment details For the purposes of the definition of enrolment details in section 5 of the Act, enrolment details in relation to a person are the information mentioned in sections 3 ‑ 2, 3 ‑ 3 and 3 ‑ 4 in relation to the person (as an applicant). Note: Sections 3 ‑ 2, 3 ‑ 3 and 3 ‑ 4 set out the information that is required to be contained in an enrolment application regarding the applicant and its designated services. 1 ‑ 7 Registrable details For the purposes of the definition of registrable details in section 5 of the Act, the following are the registrable details in relation to a person registered under Part 6 or 6A of the Act (which deal with the Remittance Sector Register and the Virtual Asset Service Provider Register): (a) the full name of the person; (b) any other names of the person under which the person provides or will provide its registrable services; (c) the person’s ABN, ACN, ARBN and ARSN (as applicable); (d) a legal entity identifier for the person (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); (e) the address of the principal place of business of the person in Australia (if applicable); (f) the domain names for all websites through which the person provides or will provide its registrable services. 1 ‑ 8 Transfer of value—excluded transfers (1) For the purposes of paragraph (b) of the definition of transfer of value in section 5 of the Act, a transfer covered by subsection (2) or (3) of this section is specified. (2) This subsection covers a transfer of a security or derivative that is not a virtual asset. (3) This subsection covers a transfer of money if: (a) the transfer occurs in the course of a person performing administrative services for a client of the person that is an employer; and (b) the administrative services relate to: (i) payments, on behalf of the employer, of salary, wages or other benefits to its employees; or (ii) arrangements between the employer and its employees under which employees forgo amounts of salary or wages in return for benefits of a similar cost; or (iii) payments, on behalf of the employer, of superannuation contributions for its employees; and (c) the transfer does not involve the receipt of physical currency from the payer or a person acting on behalf of the payer; and (d) the transfer does not involve making physical currency available to the payee or to a person acting on behalf of the payee. 1 ‑ 9 Security—managed investment schemes For the purposes of paragraph 7A(2)(a) of the Act, an interest in a managed investment scheme is specified as a security. 2 ‑ 1 Reporting group that is a business group Business group that is ineligible (1) For the purposes of subparagraph 10A(1)(a)(iii) of the Act, a business group is ineligible to be a reporting group if: (a) a member of the business group that is a reporting entity gives the other reporting entities in the group notice in writing that the member declines to be a member of a reporting group; and (b) the notice by the member has not been withdrawn by further notice in writing to the other reporting entities in the group; and (c) the member that gave the notice continues to be a reporting entity. Note: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3 ‑ 3(8) and section 3 ‑ 9 of this instrument. (1A) A notice given by a reporting entity for the purposes of subsection (1) is taken to be effective if the reporting entity has taken reasonable steps to ensure it is given to all the other reporting entities in the business group, and is not invalid merely because a particular reporting entity did not receive the notice. Lead entity (2) For the purposes of subsection 10A(5) of the Act, the lead entity of a reporting group to which paragraph 10A(1)(a) of the Act applies must satisfy the following requirements: (a) the member is: (i) the member of the reporting group that the members of the group that themselves satisfy paragraphs (b) and (d) of this subsection have agreed, in writing, will be the lead entity of the group; or (ii) appointed in writing by the person in the business group that controls each other person in the group to be the lead entity of the reporting group; (b) the member is not controlled by another member of the group that provides designated services; (c) the member has the capability and authority (including by consent of group members) to develop and maintain the AML/CTF policies required by reporting entities in the group; (d) the member is one of the following: (i) a body corporate incorporated in Australia; (ii) a registered foreign company within the meaning of the Corporations Act 2001 ; (iii) a trust that has at least one trustee that is a resident of Australia; (iv) if the member is not a body corporate, foreign company or trust—a resident of Australia. Conditions for operation of reporting group (3) For the purposes of subparagraph 10A(1)(a)(iv) of the Act: (a) a reporting group must not operate without a lead entity for a continuous period of more than 28 days; and (b) during any such period, each member of the reporting group that is a reporting entity must continue to comply with the AML/CTF policies of the most recent lead entity of the group (the previous lead entity ) that applied to the member immediately before the previous lead entity ceased to be the lead entity of the group. 2 ‑ 2 Reporting group formed by election Conditions on group members (1) For the purposes of subparagraph 10A(1)(b)(iv) of the Act, each member of the group must be: (a) a reporting entity; or (b) a person who discharges obligations imposed on members of the reporting group by the Act, the regulations or the AML/CTF Rules; or (c) a member of a business group. (2) A member of a business group is only permitted to be a member of a group to which paragraph 10A(1)(b) of the Act applies if all members of the business group are also members of the group to which paragraph 10A(1)(b) applies. Note: If one member of a business group elects to leave a reporting group, the other members of the business group are no longer permitted to be members of the reporting group (and are taken to have elected to also leave—see subsection (9)). Lead entity (3) For the purposes of subsection 10A(5) of the Act, the lead entity of a reporting group to which paragraph 10A(1)(b) of the Act applies is the member of the group that satisfies the following requirements: (a) the member is not controlled by another member of the reporting group that provides designated services; (b) if the reporting group includes members of one or more business groups—the member is a member of one of those business groups; (c) the other members of the group have agreed to the member having the capacity to determine the outcome of decisions about the AML/CTF policies of the other members; (d) the member is one of the following: (i) a body corporate incorporated in Australia; (ii) a registered foreign company within the meaning of the Corporations Act 2001 ; (iii) a trust that has at least one trustee that is a resident of Australia; (iv) if the member is not a body corporate, foreign company or trust—a resident of Australia. Election to join reporting group (4) For the purposes of subparagraph 10A(1)(b)(ii) of the Act, a person electing to be a member of a reporting group that is already in operation must have obtained the consent of the lead entity of the reporting group. Note 1: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3 ‑ 3(8) and section 3 ‑ 9 of this instrument. Note 2: The AML/CTF policies of the lead entity of a reporting group must deal with recording changes of membership—see section 5 ‑ 16 of this instrument. (5) For the purposes of subsection 10A(1B) of the Act, a member of a business group is not required to make an election in writing if another member of the business group has made an election on behalf of, and with the consent of, all members. (6) For the purposes of subparagraph 10A(1)(b)(vi) and subsection 10A(1B) of the Act, if: (a) a person becomes a member of a business group; and (b) the existing members of the business group are members of a reporting group to which paragraph 10A(1)(b) of the Act applies; the person also becomes a member of the reporting group. Conditions for leaving group (7) For the purposes of subparagraph 10A(1)(b)(vi) of the Act, a member of a reporting group (other than the lead entity) that elects to leave the reporting group must give the lead entity notice in writing. Note 1: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3 ‑ 3(8) and section 3 ‑ 9 of this instrument. Note 2: The AML/CTF policies of the lead entity of a reporting group must deal with recording changes of membership—see section 5 ‑ 16 of this instrument. (8) For the purposes of subparagraph 10A(1)(b)(vi) of the Act, if the lead entity of a reporting group elects to leave the reporting group, the lead entity must give each other member of the group notice in writing. Note: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3 ‑ 3(8) and section 3 ‑ 9 of this instrument. (9) For the purposes of subparagraph 10A(1)(b)(vi) of the Act, if a member of a reporting group that elects to leave the group is also a member of a business group, all members of the business group are taken to have elected to leave the reporting group. Condition for operation of group (10) For the purposes of subparagraph 10A(1)(b)(vi) of the Act: (a) a reporting group must not operate without a lead entity for a continuous period of more than 28 days; and (b) during any such period, each member of the reporting group that is a reporting entity must continue to comply with the AML/CTF policies of the most recent lead entity of the group (the previous lead entity ) that applied to the member immediately before the previous lead entity ceased to be the lead entity of the group. Membership of more than one reporting group (11) For the purposes of subsection 10A(2A) of the Act, a person that is: (a) a member of a reporting group to which paragraph 10A(1)(b) of the Act applies; and (b) a member of a business group that is a reporting group to which paragraph 10A(1)(a) of the Act applies; is taken for the purposes of the Act to be a member of only the former. 2 ‑ 3 Conditions for discharge of obligations by members of a reporting group For the purposes of paragraph 236B(5)(c) of the Act, it is a condition for discharging an obligation imposed on a reporting entity that is a member of a reporting group that the reporting group has a lead entity. 2 ‑ 4 Conditions for discharge of obligations by members of a reporting group that are not reporting entities (1) For the purposes of paragraph 236B(5)(c) of the Act, this section specifies conditions that apply when the member of the reporting group (the discharging member ) that is to discharge an obligation of another member of the reporting group is not itself a reporting entity. (2) The discharging member must have undertaken due diligence, in relation to persons who are employed or otherwise engaged and who perform functions relevant to discharging the obligation, that satisfies the requirements of the AML/CTF policies of the reporting entity included in those policies for the purposes of paragraph 26F(4)(d) of the Act. (3) The discharging member must have provided training to those persons that satisfies the requirements of the AML/CTF policies of the reporting entity included in those policies for the purposes of paragraph 26F(4)(e) of the Act. 3 ‑ 1 Purpose of this Division For the purposes of paragraph 51E(2)(b) of the Act, this Division sets out the information that must be contained in an application for enrolment as a reporting entity under subsection 51E(1) of the Act. 3 ‑ 2 Information about applicant’s designated services (1) The application must contain the following information in relation to each kind of designated services provided or proposed to be provided by the applicant: (a) a description of the designated services; (b) the date the applicant commenced to provide, or proposes to provide, the designated services; (c) whether any of the following circumstances apply: (i) the applicant provides, or proposes to provide, the designated services at or through a permanent establishment of the applicant in Australia; (ii) the applicant is a resident of Australia and the designated services are provided, or proposed to be provided, at or through a permanent establishment of the applicant in a foreign country; (iii) the applicant is a subsidiary of a company that is a resident of Australia and the designated services are provided, or proposed to be provided, at or through a permanent establishment of the applicant in a foreign country; (d) information on the industry in which the applicant provides, or proposes to provide, the designated services. (2) If designated services provided, or proposed to be provided, by the applicant are registrable remittance network services, registrable remittance services or registrable virtual asset services, the application must contain information about whether the applicant is, or whether an application has been or will be made for the applicant to be, any of the following: (a) for registrable remittance network services—a registered remittance network provider; (b) for registrable remittance services—a registered independent remittance dealer or a registered remittance affiliate of a registered remittance network provider; (c) for registrable virtual asset services—a registered virtual asset service provider. (3) The application must contain information on whether section 233K of the Act: (a) applies to the applicant; or (b) will apply to the applicant if the applicant provides a designated service proposed to be provided by the applicant. Note: Under section 233K of the Act, certain provisions of the Act do not apply to a reporting entity that provides certain gambling services in circumstances where the entity and any related entity that is a reporting entity are entitled to operate no more than 15 gaming machines under State or Territory licences. (4) If all the designated services provided, or proposed to be provided, by the applicant are covered by item 54 of table 1 in section 6 of the Act, the application must contain a statement to that effect. Note: Item 54 of table 1 in section 6 of the Act covers a holder of an Australian financial services licence who arranges for a person to receive a designated service. 3 ‑ 3 Information relating to the applicant General information relating to the applicant (1) The application must contain the following information relating to the applicant: (a) the applicant’s full name, and any registered or other names under which the applicant provides or will provide its designated services; (b) the applicant’s ABN, ACN, ARBN and ARSN (as applicable); (c) a legal entity identifier for the applicant (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); (d) the address of the applicant’s registered office (if applicable); (e) the address of the applicant’s principal place of business or operations in Australia; (f) if the applicant is not an individual—information about the legal form of the applicant (such as a partnership, company or trust); (g) the names and dates of birth of any beneficial owners of the applicant; (h) information on the number of employees employed by the applicant; (i) if the applicant is an Australian resident (within the meaning of the Income Tax Assessment Act 1997 )—whether the applicant was a small business entity (within the meaning of section 328 ‑ 110 of that Act) for the income year (within the meaning of that Act) corresponding to the previous financial year; (ia) whether the applicant is a Market Generator under the South Australian Electricity Legislation; (j) information identifying one or more associations of which the applicant is a member (if any) that represent the interests of a particular industry, profession or trade; (k) the applicant’s telephone number; (l) the applicant’s email address; (m) the full name, job title or position and email address of a contact person for the purposes of communications relating to the Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011 ; (n) the domain names for all websites (if any) through which the applicant provides or will provide its designated services; (o) a description of the applicant’s business or principal activity; (p) the approximate annual turnover of the applicant for the most recent financial year. Information for bodies corporate (2) If the applicant is a body corporate, the application must contain the following information relating to the body corporate: (a) the full name, and any former names, of each director; (b) the date of birth of each director; (c) the director identification number (if any) of each eligible officer of the body corporate; (d) the country in which the body corporate was incorporated and any countries in which it is registered; (e) if the body corporate was incorporated or is registered in any foreign country—the address of the principal place of business of the body corporate in that foreign country. (3) If the applicant is a body corporate that has an ultimate holding company (within the meaning of the Corporations Act 2001 ), the application must contain the following information relating to the ultimate holding company: (a) the name of the ultimate holding company; (b) the address of the principal place of business and the registered office of the ultimate holding company; (c) the country or countries of which the ultimate holding company is a resident; (d) a unique identifier for the ultimate holding company. Information for government bodies (4) If the applicant is a government body, the application must contain the following information relating to the applicant: (a) whether the applicant is an Australian government body; (b) if the applicant is not an Australian government body—the foreign country in which the applicant is established. Note: For the meaning of Australian government body , see section 5 of the Act. Information for partnerships (5) If the applicant is a partnership, the application must contain the following information in relation to each partner: (a) for a partner that is an individual (other than a trustee) and who has, or is a member of a group of individuals who have, primary responsibility for the governance and executive decisions of the partnership: (i) the individual’s full name, and any former names of the individual; and (ii) the individual’s residential address; and (iii) the individual’s date of birth; and (iv) a unique identifier for the individual given by an Australian government body or a government body of a foreign country; (b) for a partner that is a body corporate (other than a trustee): (i) the partner’s full name; and (ii) a legal entity identifier for the partner (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and (iii) the partner’s ABN, ACN, ARBN and ARSN (as applicable), or, if the partner has none of these, any unique identifier other than the one referred to in subparagraph (ii); and (iv) the address of the partner’s principal place of business or operations in Australia; and (v) the information mentioned in paragraphs (2)(a) to (e), in relation to the partner; (c) for a partner that is an association—the information mentioned in subsection (7) in relation to the association; (d) for a partner that is a trustee of a trust: (i) the name of the trust; and (ia) a unique identifier for the trust (if any has been given); and (ii) the information mentioned in paragraphs (6)(a) to (d), in relation to the trust. Information for trusts (6) If the applicant is a trust, the application must contain the following information relating to the trust: (a) the kind of trust (such as discretionary trust, bare trust or unit trust); (b) any former names of the trust; (c) for any trustee that is an individual—the information mentioned in subparagraphs (5)(a)(i) to (iv), in relation to the trustee; (d) for any trustee that is a body corporate: (i) the trustee’s full name; and (ii) a legal entity identifier for the trustee (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and (iii) the trustee’s ABN, ACN, ARBN and ARSN (as applicable), or, if the trustee has none of these, any unique identifier other than the one referred to in subparagraph (ii); and (iv) the address of the trustee’s principal place of business or operations in Australia; and (v) the information mentioned in paragraphs (2)(a) to (e), in relation to the trustee. Information for associations or co ‑ operatives (7) If the applicant is an incorporated association, an unincorporated association or a co ‑ operative, the application must contain the information mentioned in subparagraphs (5)(a)(i) to (iv) in relation to the individual, or each member of a group of individuals, with primary responsibility for the governance and executive decisions of the association or co ‑ operative. Information relating to reporting group (8) The application must contain the following information: (a) whether the applicant is a member of a reporting group; (b) whether the applicant is the lead entity of a reporting group; (c) if the applicant is the lead entity of a reporting group—the following information about the members of the reporting group that are reporting entities: (i) the name of the reporting entity; (ii) the identifier assigned to the reporting entity by AUSTRAC (if any); (d) if the applicant is a member of a reporting group but not the lead entity of the reporting group—the following information about the lead entity: (i) the name of the lead entity; (ii) the identifier assigned to the lead entity by AUSTRAC (if any). 3 ‑ 4 Information relating to earnings (1) The earnings of a person for a period has the meaning given by the following table. Definition of earnings Item Type of person Is the person a foreign company or a subsidiary of a foreign company? Definition of earnings of the person for a period 1 An ADI or registered financial sector entity, or a related body corporate of an ADI or registered financial sector entity No The total profit of the person for the period before tax, depreciation and amortisation 2 An ADI or registered financial sector entity, or a related body corporate of an ADI or registered financial sector entity Yes The total profit of the person for the period derived from operations in Australia, before tax, depreciation and amortisation 3 A person not covered by item 1 or 2 No The total earnings of the person for the period before tax, interest, depreciation and amortisation 4 A person not covered by item 1 or 2 Yes The total earnings of the person for the period derived from operations in Australia, before tax, interest, depreciation and amortisation (2) Subject to subsection (3), the application must contain: (a) if the applicant is not a member of a corporate group—the earnings of the applicant for a period of 12 months; or (b) if the applicant is a member of a corporate group—the total earnings, for a period of 12 months, of the applicant and all other members of the group that are leviable entities for the financial year in which the period ends. Note: A leviable entity does not include a person who is an “exempt entity” within the meaning of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011 . (3) Subsection (2) does not apply if the earnings or total earnings, as the case may be, are less than $100,000,000. 3 ‑ 5 Information about the person completing the application and declaration Information about the individual completing the enrolment application (1) The application must contain the following information relating to the individual completing the application: (a) the individual’s full name; (b) the individual’s job title or position; (c) information on the individual’s role or relationship in relation to the applicant; (d) the individual’s telephone number; (e) the individual’s email address. Declaration by the individual completing the application (2) The application must contain a declaration by the individual completing the application that the information contained in the application is true and correct. 3 ‑ 6 Correction of entries in the Reporting Entities Roll For the purposes of paragraph 51C(4)(a) of the Act, if the AUSTRAC CEO reasonably believes that there is an error in, or an omission from, an entry in the Reporting Entities Roll, the AUSTRAC CEO may correct the error or omission. 3 ‑ 7 Removal of name and enrolment details on AUSTRAC CEO’s own initiative For the purposes of paragraph 51C(4)(b) of the Act, the AUSTRAC CEO may remove a person’s name and enrolment details from the Reporting Entities Roll on the AUSTRAC CEO’s own initiative if the AUSTRAC CEO reasonably believes that the person has ceased to provide designated services or has not commenced to provide designated services. 3 ‑ 8 Request to remove entry from Reporting Entities Roll—required information For the purposes of paragraph 51G(2)(b) of the Act, a request by a person under subsection 51G(1) of the Act to remove the person’s name and enrolment details from the Reporting Entities Roll must contain the following information: (a) the person’s full name; (b) whether the person has ceased to provide designated services, and if so, the date on which the person ceased to provide designated services; (c) whether the person intends to provide a designated service in the next financial year to begin after the request is given; (d) whether the person has any outstanding obligations to provide a report under any of the following provisions of the Act , and if so, information on the outstanding obligations: (i) section 43 (reports of threshold transactions); (ii) section 46 (reports of international value transfer services); (iii) section 46A (reports of transfers of value involving unverified self ‑ hosted virtual asset wallets); (iv) section 47 (AML/CTF compliance reports). 3 ‑ 9 Changes in enrolment details to be advised (1) For the purposes of subsection 51F(1) of the Act, a change in a person’s enrolment details that are information mentioned in section 3 ‑ 2 or 3 ‑ 3 is specified. (2) For the purposes of subsection 51F(1) of the Act, a change in a person’s enrolment details that is information mentioned in subsection 3 ‑ 4(2) for each succeeding period of 12 months is specified. 4 ‑ 1 Correction of entries (1) This section is made for the purposes of paragraphs 75(4)(a) and 76B(4)(a) of the Act. (2) If the AUSTRAC CEO reasonably believes that there is an error in, or omission from, an entry in the Remittance Sector Register or the Virtual Asset Service Provider Register, the AUSTRAC CEO may correct the error or omission. (3) As soon as reasonably practicable after making a correction of an entry under this section, the AUSTRAC CEO must give notice of the correction to: (a) the person whose registration the entry relates to; and (b) if the registration is of a person as a remittance affiliate of a registered remittance network provider—the provider. 4 ‑ 2 Publication of register information (1) For the purposes of subsections 75(4) and 76B(4) of the Act, the AUSTRAC CEO must publish the following on AUSTRAC’s website: (a) the details mentioned in paragraphs 75A(1)(a), (b), (c) and (f) of the Act on the Remittance Sector Register; (b) the details mentioned in paragraphs 76C(a) and (d) of the Act on the Virtual Asset Service Provider Register; (c) information mentioned in section 4 ‑ 24 of this instrument (register entry in relation to suspension of registration) on the Remittance Sector Register and the Virtual Asset Service Provider Register. (2) If the AUSTRAC CEO considers it appropriate to do so, the AUSTRAC CEO may publish on AUSTRAC’s website one or more conditions, mentioned in paragraph 75A(1)(d) or 76C(b) of the Act, to which the registration of a person is subject. 4 ‑ 3 Purpose of this Division (1) For the purposes of paragraphs 75B(3)(b) and 76D(2)(b) of the Act, this Division sets out the information that must be contained in the following: (a) an application by a person under subsection 75B(1) of the Act for registration as a remittance network provider, an independent remittance dealer or a remittance affiliate of a registered remittance network provider; (b) an application by a registered remittance network provider under subsection 75B(2) of the Act for another person to be registered as a remittance affiliate of the registered remittance network provider; (c) an application by a person under subsection 76D(1) of the Act for registration as a virtual asset service provider. (2) The information set out in the following provisions of this instrument is not required in an application for registration as a remittance affiliate of a registered remittance network provider (under either subsection 75B(1) or 75B(2) of the Act) if a senior manager of the remittance affiliate has given or intends to give the approval referred to in subsection 26S(4) of the Act: (a) sections 4 ‑ 5, 4 ‑ 6 and 4 ‑ 8; (b) paragraphs 4 ‑ 12(a) to (c). 4 ‑ 4 Application—general information (1) The application must contain the following information relating to the person (the candidate ) proposed to be registered: (a) the candidate’s full name; (b) both of the following: (i) any other names the candidate is commonly known by; (ii) any names under which the candidate will provide its registrable services; (c) the candidate’s ABN, ACN, ARBN and ARSN (as applicable); (d) a legal entity identifier for the candidate (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); (e) if the candidate is registered in, or holds a licence issued in, a foreign country to provide services that are of the same, or a similar, kind as registrable services (whether or not there is a connection to Australia or a resident of Australia)—details of that registration or licence; (f) the address of the principal place of business or operations of the candidate in Australia (if applicable); (g) the address of the candidate’s registered office (if applicable); (h) the addresses of any other places at or from which the candidate proposes to provide its registrable services; (i) information about the legal form of the candidate (such as an individual or a partnership, company or trust); (j) in relation to any individual who is a beneficial owner of the candidate: (i) the individual’s full name; and (ii) any other names the individual is commonly known by; and (iii) any former names of the individual; and (iv) the individual’s residential address; and (v) the individual’s date and place of birth; and (vi) a unique identifier for the individual given by an Australian government body or the government of a foreign country; (k) the candidate’s telephone number; (l) the candidate’s email address; (m) the domain names for any website through which the candidate will provide its registrable services; (n) a description of the candidate’s business or principal activity; (o) whether there are any permanent establishments of the candidate in Australia, and if so, information on those permanent establishments; (p) information on the expected turnover of the candidate in respect of the provision of its registrable services for the period of 12 months following registration; (q) if the provision of the candidate’s registrable services will involve dealing with customers or other persons located in foreign countries—information identifying those foreign countries. Information relating to completion of the application and declaration (2) The application must contain the following information about the individual completing the application: (a) the individual’s full name; (b) the individual’s job title or position; (c) if the individual is not the candidate—information on the individual’s role or relationship in relation to the candidate; (d) the individual’s date of birth; (e) the individual’s telephone number; (f) the individual’s email address; (g) the individual’s postal address. (3) The application must contain a declaration by the individual completing the application that the information contained in the application is true and correct. Information relating to the candidate—body corporate (4) If the candidate is a body corporate, the application must contain the following information relating to the body corporate: (a) the full name of each director; (b) for each director: (i) any other names the director is commonly known by; and (ii) any former names of the director; (c) the date and place of birth of each director; (d) the director identification number (if any) of each eligible officer of the body corporate; (e) the country in which the body corporate was incorporated and any countries in which it is registered; (f) if the body corporate was incorporated or is registered in any foreign country—the address of the principal place of business of the body corporate in that foreign country. Information relating to the candidate—partnership (5) If the candidate is a partnership, the application must contain information setting out the terms of the partnership agreement (if any), and the following information relating to each partner: (a) for a partner that is an individual (other than a trustee): (i) the individual’s full name; and (ii) any other names the individual is commonly known by; and (iii) any former names of the individual; and (iv) the individual’s residential address and most recent former residential address; and (v) the individual’s date and place of birth; and (vi) a unique identifier for the individual; (b) for a partner that is a body corporate (other than a trustee): (i) the partner’s full name; and (ii) a legal entity identifier for the partner (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and (iii) the partner’s ABN, ACN, ARBN and ARSN (as applicable), or, if the partner has none of these, any unique identifier other than the one referred to in subparagraph (ii); and (iv) the address of the partner’s principal place of business or operations in Australia; and (v) the information mentioned in paragraphs (4)(a) to (f), in relation to the partner; (c) for a partner that is an association—the information mentioned in subsection (7) in relation to the association; (d) for a partner that is a trustee of a trust: (i) the name of the trust; and (ia) a unique identifier for the trust (if any has been given); and (ii) the information mentioned in paragraphs (6)(a) to (d), in relation to the trust. Information relating to the candidate—trusts (6) If the candidate is a trust, the application must contain the following information relating to the trust: (a) the kind of trust (such as discretionary trust, bare trust or unit trust); (b) any former names of the trust; (c) for any trustee, beneficiary, settlor, appointer, guardian or protector of the trust that is an individual—the information mentioned in subparagraphs (5)(a)(i) to (vi), in relation to the individual; (d) for any trustee, beneficiary, settlor, appointer, guardian or protector of the trust that is a body corporate: (i) the body corporate’s full name; and (ii) a legal entity identifier for the body corporate (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and (iii) the body corporate’s ABN, ACN, ARBN and ARSN (as applicable), or, if the body corporate has none of these, any unique identifier other than the one referred to in subparagraph (ii); and (iv) the address of the body corporate’s principal place of business or operations in Australia; and (v) the information mentioned in paragraphs (4)(a) to (f), in relation to the body corporate. Information relating to the candidate—associations or co ‑ operatives (7) If the candidate is an incorporated association, unincorporated association or a co ‑ operative, the application must contain the information mentioned in subparagraphs (5)(a)(i) to (vi) in relation to the individual, or each member of the group of individuals, with primary responsibility for the governance and executive decisions of the association or co ‑ operative. 4 ‑ 5 Information relating to ML/TF risks The application must contain the following information: (a) information identifying the key risks of money laundering, financing of terrorism and proliferation financing that the candidate has assessed it may reasonably face in providing its registrable services; (b) information on the risks of money laundering, financing of terrorism and proliferation financing associated with the following: (i) the kinds of customers to whom the candidate will provide its registrable services; (ii) any foreign countries in which the candidate will operate in providing its registrable services; (iii) the products and services the candidate will provide in relation to its registrable services; (iv) the delivery channels by which the candidate’s registrable services will be provided; (v) the kinds of transactions the candidate will undertake in providing its registrable services; (c) information on the candidate’s process for reviewing and updating its ML/TF risk assessment (see section 26D of the Act). 4 ‑ 6 Information relating to AML/CTF policies (1) The application must contain information setting out the AML/CTF policies that the candidate has in relation to the following matters: (a) appropriately managing and mitigating the risks of money laundering, financing of terrorism and proliferation financing that the candidate may reasonably face in providing its registrable services; (b) ensuring the candidate complies with the obligations imposed by the Act, the regulations and the AML/CTF Rules on the candidate; (c) undertaking due diligence in relation to persons who are, or will be, employed or otherwise engaged by the candidate and who perform, or will perform, functions relevant to the candidate’s obligations under the Act; (d) providing training to persons who are employed or otherwise engaged by the candidate and who perform, or will perform, functions relevant to the candidate’s obligations under the Act in relation to: (i) the risk of money laundering, financing of terrorism and proliferation financing that the candidate may reasonably face in providing its registrable services; and (ii) the obligations imposed by the Act, the regulations and the AML/CTF Rules on the candidate; (e) reviewing and updating the AML/CTF policies; (f) carrying out customer due diligence in accordance with Part 2 of the Act, including: (i) complying with obligations under that Part in relation to politically exposed persons; and (ii) any use of distributed ledger technology for the purposes of carrying out that due diligence. (2) The application must include the full name and business address of any training provider used to deliver training mentioned in paragraph (1)(d) within the period of 12 months before the application is made. 4 ‑ 7 Information relating to accounts with financial institutions The application must contain the following information in relation to each account with a financial institution that the candidate will use in providing its registrable services: (a) the full name, and the date of birth, of each individual who is the holder of, or a signatory to, the account; (aa) the financial institution with which the account is held; (ab) the unique identification details assigned to the account (such as the BSB and account number); (b) the country within which the account is held; (c) information on the foreign currencies that can be held in the account. 4 ‑ 8 Information relating to other persons assisting The application must contain the following information: (a) whether the candidate has entered or will enter into an agreement or arrangement for another person to perform, or assist with the performance of, functions relevant to the candidate’s obligations under the Act, and if so, information on those functions; (b) whether any of those functions would be performed or assisted with by that person in any foreign countries, and if so, which foreign countries; (c) information on what quality controls the candidate will use regarding the other person’s performance of, or assistance with, those functions. 4 ‑ 9 Information relating to key personnel and past unlawful activity etc. (1) The application must contain the following information regarding each of the candidate’s key personnel: (a) the individual’s full name; (b) the individual’s date of birth; (c) the individual’s job title or position; (ca) a description of the individual’s role in the candidate’s business; (cb) if the individual is a senior manager or AML/CTF compliance officer of the candidate—the individual’s professional experience relevant to performing that role; (d) the individual’s telephone number; (e) the individual’s email address; (f) the individual’s residential address. Note: For key personnel , see section 1 ‑ 4. (1A) The application must contain information on whether any of the candidate’s key personnel has ever been a beneficial owner of, or operated or been involved in the management of, a person (the other provider ) who provides, or has provided, services of the same, or a similar, kind as the registrable services (whether or not there is a connection to Australia or a resident of Australia), and if so: (a) the full name of the other provider; and (b) the key personnel’s role in, or relationship with, the other provider; and (c) the period for which the key personnel was a beneficial owner of, or operated or was involved in the management of, the other provider. (2) The application must contain the following information: (a) whether the candidate or any of its key personnel has been charged or convicted of an offence against the Act, or of an offence against a law of the Commonwealth, a State or Territory or a foreign country of any of the following kinds: (i) money laundering; (ii) financing of terrorism; (iii) proliferation financing; (iv) people smuggling; (v) fraud (including scams); (vi) a serious offence of any other kind; (b) whether the candidate or any of its key personnel has been found by a court to have contravened the Act, the regulations or the AML/CTF Rules; (c) whether the candidate or any of its key personnel has been the subject of civil or criminal proceedings, or a regulatory or disciplinary process in Australia or a foreign country that: (i) related to the management of an entity, or commercial or professional activity; and (ii) involved an adverse finding as to the competence, diligence, judgement, honesty or integrity of the candidate or the key personnel (as applicable); (d) what steps the candidate has taken to establish the matters mentioned in paragraphs (a) to (c) in relation to its key personnel; (e) if any of the circumstances mentioned in paragraphs (a) to (c) exist—details of each of the circumstances; (f) whether any of the candidate’s key personnel has ever applied, or has been a beneficial owner of a person (other than an individual) that has applied, for registration under Part 6 or 6A of the Act (which deal with the Remittance Sector Register and the Virtual Asset Service Provider Register), and if so, information about that application; (g) whether any of the candidate’s key personnel is, has applied to be, or is intending to apply for registration, licensing or approval (however described) in any country to conduct regulated activity in the financial sector, and if so, details of the country and the kind of regulated activity the key personnel is involved in; (h) details of any training the candidate’s key personnel has received within the period of 12 months before the application is made in relation to providing registrable services, including the full name and business address of any training provider used to deliver the training. 4 ‑ 9A Additional requirements for application for registration as a remittance network provider If the application is under paragraph 75B(1)(a) of the Act for registration as a remittance network provider, the application must contain the following information: (a) the number of remittance affiliates that the candidate intends to apply to register under subsection 75B(2) of the Act within the period of 3 years after the candidate’s own registration; (b) when the candidate intends to begin applying to register remittance affiliates; (c) information setting out the AML/CTF policies that the candidate has in relation to the following matters: (i) applying for, or consenting to, registration of a person as a remittance affiliate; (ii) submitting reports of suspicious matters on behalf of registered remittance affiliates; (iii) providing training to registered remittance affiliates. 4 ‑ 10 Additional requirements for application by remittance network provider for registration of an affiliate If the application is by a registered remittance network provider, under subsection 75B(2) of the Act, for the candidate to be registered as a remittance affiliate of the registered remittance network provider, the application must contain the following information: (a) whether the provider has assessed the suitability of the candidate to be a remittance affiliate of the provider, taking into account the related risks of money laundering, financing of terrorism and proliferation financing that the provider may reasonably face if the candidate is registered as a remittance affiliate of the provider; (b) if such an assessment has been made—whether the candidate was found to be suitable; (c) whether the candidate has consented to the making of the application and, if so, information on when the consent was given. 4 ‑ 11 Additional requirements for application by independent remittance dealer for registration as a remittance affiliate If the application is under paragraph 75B(1)(c) of the Act for registration as a remittance affiliate of a registered remittance network provider, the application must contain information on whether the registered remittance network provider has consented to the making of the application and, if so, when the consent was given. 4 ‑ 12 Additional requirements for application for registration as a remittance network provider, an independent remittance dealer or a remittance affiliate of network provider If the application is for the candidate to be registered as a remittance network provider , an independent remittance dealer or a remittance affiliate of a registered remittance network provider, the application must contain the following information: (a) information on whether offsetting arrangements or third party remittance arrangements will be involved in the provision of the candidate’s registrable services; (b) details of the delivery channels by which the candidate’s registrable services will be provided; (c) information o