{"id":"C2011A00054","name":"Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"54 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8196,"registerId":"commonwealth-C2011A00054-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2011

2. Sections 3 to 10

The later of:

(a) 1 July 2011; and

(b) the day this Act receives the Royal Assent.

1 July 2011

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted.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.\n\n (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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"#### 3 Act binds the Crown\n\n This Act binds the Crown in each of its capacities.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"External Territories","content":"#### 4 External Territories\n\n This Act extends to every external Territory.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Extraterritorial application","content":"#### 5 Extraterritorial application\n\n This Act extends to acts, omissions, matters and things outside Australia.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act does not impose levy on property of a State","content":"#### 6 Act does not impose levy on property of a State\n\n (1) This Act does not impose a tax on property of any kind belonging to a State.\n (2) In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n (1) In this Act:\n\n> census day, for a financial year, means:\n\n (a) 1 July in that financial year; or\n (b) if the AUSTRAC CEO determines, by legislative instrument, another day in that financial year—that day.\n\n> exempt entity, for a financial year, means a leviable entity who, by operation of the AML/CTF Rules made under section 229 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006, or by instrument made under section 248 of that Act, was, on the census day for that year, exempt from Part 7 of that Act.\n\n> leviable entity, in relation to a financial year (the current year), means a person who:\n\n (a) is a reporting entity (within the meaning of section 5 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) at any time in the previous financial year; and\n (b) on the census day for the current year:\n (i) is entered on the Reporting Entities Roll under Part 3A of that Act; or\n (ii) is required, under section 51B of that Act, to apply to be entered on the Reporting Entities Roll; and\n (c) is not an exempt entity for the current year.\n\n> person has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.\n\n> statutory limit, in relation to a financial year, means the amount that is 2 times the sum of all amounts appropriated by the Parliament for the purposes of AUSTRAC for the financial year.\n\n (2) This Act applies to a partnership, unincorporated association or trust as if the partnership, unincorporated association or trust were a person, but with the following changes:\n (a) an obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners;\n (b) an obligation that would otherwise be imposed on the association by this Act is imposed on each member of the association’s committee of management instead, but may be discharged by any of the members;\n (c) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Imposition of levy","content":"#### 8 Imposition of levy\n\n Levy payable in accordance with section 7 of the Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011 is imposed.","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Amount of levy","content":"#### 8A Amount of levy\n\n The amount of levy payable by a leviable entity for a financial year is the amount equal to the sum of instalments of levy payable by the leviable entity for the financial year.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Amount of instalment of levy","content":"#### 9 Amount of instalment of levy\n\n (1A) The amount of an instalment of levy payable by a leviable entity for a financial year is the amount determined under subsection (1).\n (1) The Minister may, by legislative instrument, determine the amount of an instalment of levy payable by a leviable entity for a financial year.\n (2) However:\n (a) the Minister must make at least one determination under subsection (1) for a financial year; and\n (b) the sum of all amounts of all instalments of levy payable by all leviable entities for a financial year must not exceed the statutory limit for that year.\n (3) A determination made for the purposes of subsection (1) may do one or more of the following:\n (a) specify an amount or a method for determining an amount;\n (b) specify different amounts or methods for different classes of leviable entities;\n (c) specify a nil amount or a method resulting in a nil amount;\n (d) specify methods that refer to acts done or circumstances existing before either the commencement of the determination or the commencement of this Act, or both.\n Retrospective application of determinations\n (4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a determination made for the purposes of subsection (1).","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of establishing an industry funding mechanism for AUSTRAC. The scope remains tightly constrained to imposing and calculating a levy on reporting entities, with appropriate constitutional limitations and administrative machinery."},"complexity_factors":["Heavy reliance on definitions from another Act (the Anti-Money Laundering and Counter-Terrorism Financing Act 2006), requiring cross-referencing to understand key terms like 'reporting entity' and 'person'","Complex definition of 'leviable entity' with multiple cumulative conditions spanning different time periods (previous financial year vs current year census day)","Nested conditional logic in section 9: Minister has discretion but with statutory constraints (must make at least one determination, total must not exceed statutory limit)","Application rules for partnerships, unincorporated associations and trusts that split obligations among members/trustees (section 7(2))","Retrospective application provisions allowing determinations to refer to pre-commencement acts or circumstances","Constitutional safeguard in section 6 excluding State property from levy imposition, requiring reference to Constitution section 114"],"plain_english_summary":"This law creates a **funding mechanism for Australia's financial intelligence agency, AUSTRAC** (the Australian Transaction Reports and Analysis Centre).\n\n**What it does:**\n- **Imposes an annual levy** (a type of tax) on businesses that are required to report suspicious financial transactions under Australia's anti-money laundering laws\n- These businesses are called \"reporting entities\" — they include banks, casinos, money transfer services, bullion dealers, and other financial service providers\n- The money raised goes toward funding AUSTRAC's operations in fighting money laundering and terrorism financing\n\n**Who it affects:**\n- Any business that was a \"reporting entity\" under the Anti-Money Laundering and Counter-Terrorism Financing Act in the previous financial year\n- The business must also be registered (or required to register) on AUSTRAC's Reporting Entities Roll\n- Some entities can be exempted through rules made under the AML/CTF Act\n\n**Key features:**\n- The levy is paid in **instalments** throughout the year\n- The **Minister determines the actual amounts** each year by making a legislative instrument (a type of regulation)\n- There's a **cap on total collections**: the total levy collected cannot exceed twice the amount Parliament appropriates for AUSTRAC's budget\n- The Minister can set different rates for different types of businesses\n- The law applies Australia-wide, including external territories, and even covers actions outside Australia\n\n**Why it matters:**\nThis ensures AUSTRAC — which plays a critical role in detecting organised crime, terrorism financing, and other serious financial crimes — is funded by the industries it regulates, rather than solely by general taxpayers."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based solely on the supplied original text of the Act, the scope appears as enacted: a levy on reporting entities under the AML/CTF framework with ministerial instrument design and a statutory cap. No changes from the original enactment are evident in the material provided."},"complexity_factors":["Definition of who pays depends on cross‑references to the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (definition of \"leviable entity\" and \"person\") (s7).","Ministerial power to fix instalment amounts by legislative instrument rather than primary legislation (s9(1)), allowing flexible methods and class‑based differentiation (s9(3)(a)–(b)).","Statutory cap ties total levy revenue to AUSTRAC appropriations (\"statutory limit\" = 2× appropriations) which links fiscal planning to appropriation processes (s7 definition of statutory limit; s9(2)(b)).","Determinations may refer to past acts/circumstances and subsection 12(2) of the Legislation Act does not apply, permitting retrospective effect of instruments (s9(3)(d); s9(4)).","Exemptions are determined by operation of AML/CTF Rules or instruments, creating dependency on another regulatory regime (definition of \"exempt entity\" in s7).","Levy imposition relies on a separate collection Act for payment mechanics (s8 references Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011).","Special rules for partnerships, unincorporated associations and trusts shift obligations to partners, committee members or trustees but allow discharge by any one of them, affecting compliance responsibility (s7(2)(a)–(c)).","Broad territorial scope and Crown‑binding increase reach and potential subjects of the levy (s3, s4, s5)."],"plain_english_summary":"This Act creates an annual levy payable by \"leviable entities\" — essentially reporting entities under the AML/CTF framework — to fund AUSTRAC. The Minister determines instalment amounts by legislative instrument, subject to a statutory cap tied to AUSTRAC appropriations; some entities are exempt by operation of AML/CTF rules. Reporting entities pay; the Minister decides instalment design (including class-based or nil methods and references to past periods), which creates administrative cost for payers and discretionary rule‑making by government."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: imposing a funding levy on AUSTRAC-regulated businesses to contribute to AUSTRAC's operational costs. The definitions and levy mechanics are internally consistent with this narrow objective, and there is no evident scope creep beyond the original intent of creating an industry contribution funding model for financial intelligence regulation."},"complexity_factors":["Cross-references to another Act (Anti-Money Laundering and Counter-Terrorism Financing Act 2006) for key definitions, meaning readers must consult multiple pieces of legislation","Tiered definition structure — 'leviable entity' depends on 'reporting entity' and 'exempt entity' from external legislation","Ministerial discretion in levy amount-setting via legislative instruments creates uncertainty about actual financial obligations","Constitutional nuance regarding State property exemption referencing section 114 of the Constitution","Treatment of partnerships, trusts and unincorporated associations creates parallel obligation structures","Retrospective application provisions for determinations (overriding the Legislation Act 2003 default)","The 'statutory limit' cap requires understanding of Parliamentary appropriations processes to fully grasp"],"plain_english_summary":"This Act creates a compulsory levy on businesses that are AUSTRAC “reporting entities” (banks, casinos, crypto exchanges, lawyers handling property, real estate agents, etc.) to help fund AUSTRAC. The Minister sets amounts annually, with total levies capped at twice AUSTRAC’s parliamentary budget. It implements a user‑pays model Australia‑wide (including some extra‑territorial reach), treats partnerships/trusts as liable, and preserves constitutional exemptions such as state government property."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-act-2011/documents"}}