
Australia has implemented anti-money laundering and counter-terrorism financing (AML/CTF) laws to meet international standards and to help protect businesses from being misused for money laundering and terrorism financing.
If your business is covered by AML/CTF laws, you may be required to collect customer information. By collecting customer information, you are helping to protect your business’s financial operations from being misused for criminal activity.
Both money laundering and terrorism financing are serious crimes. Money laundering is often used by criminals to disguise the illegal source of their profits.
Terrorism financing includes the financing of terrorist acts, terrorists and terrorist organisations. Terrorist groups also move funds to disguise their source, purpose and destination.
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) requires businesses that provide certain financial or gambling services, or those involved in bullion dealing, to:
The laws were introduced to:
The AML/CTF laws affect those businesses which provide designated services under the AML/CTF Act, including:
Reporting entities and Australian Government agencies who collect personal information are subject to the Privacy Act 1988 (Privacy Act). The Privacy Act regulates the collection, use, disclosure, quality and security of personal information.
For more information on how your privacy will be protected, please contact the Office of the Privacy Commissioner on 1300 363 992 or visit the Privacy Commissioner’s website.
The AML/CTF Act imposes reporting obligations on designated agencies, which include identification, verification and ongoing monitoring of customers; reporting suspicious matters and transactions above a set threshold; ensuring customer information accompanies international funds transfer instructions; and record keeping obligations.
The keystone of the regime is a requirement for a reporting entity to know its customer.
AUSTRAC is Australia's anti-money laundering and counter-terrorism financing regulator and specialist financial intelligence unit.
AUSTRAC works collaboratively with Australian industries and businesses in their compliance with anti-money laundering and counter-terrorism financing legislation.
As Australia's financial intelligence unit, AUSTRAC contributes to investigative and law enforcement work to combat financial crime and prosecute criminals in Australia and overseas.
Under the FTR Act, customers opening certain accounts with ‘cash dealers’ are required to provide identification under either the 100 point test, using documents such as a passport, drivers licence and utilities notice, or have their identify confirmed by an ‘acceptable referee.’
Under the AML/CTF Act, businesses determine the appropriate level of required identification and verification subject to the money laundering and terrorism financing risk. The identification obligations are extended to a wider number of services than those covered by the FTR Act.
The AML/CTF Act also requires reporting entities to monitor customer transactions during their provision of the designated service. Reporting entities must monitor customer transactions with a view to identifying, mitigating and managing the risk that the provision of the designated service may involve or facilitate money laundering or terrorism financing.
For more information please visit the AUSTRAC website or call the AUSTRAC Help Desk on 1300 021 037 or e-mail help_desk@austrac.gov.au.