{"id":"C2011A00055","name":"Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"55 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8197,"registerId":"commonwealth-C2011A00055-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 (Collection) 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 8

At the same time as section 3 of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011 commences.

1 July 2011

3. Section 9

At the end of 6 months after section 3 of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011 commences.

1 January 2012

4. Sections 10 to 16

At the same time as section 3 of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011 commences.

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 Note: This table relates only to the provisions of this Act as originally enacted.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":"Definitions","content":"#### 6 Definitions\n\n (1) In this Act:\n\n> AUSTRAC has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.\n\n> AUSTRAC CEO has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.\n\n> business day means a day that is not a Saturday, a Sunday, a public holiday or a bank holiday in the place concerned.\n\n> late payment penalty means penalty payable under section 9.\n\n> leviable entity, in relation to a financial year, has the same meaning as in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n\n> levy means levy imposed by the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n\n> levy month means one of the 12 months of the calendar year.\n\n> person has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.\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":5},{"sectionNumber":"7","sectionType":"section","heading":"Liability to pay levy","content":"#### 7 Liability to pay levy\n\n A person who is a leviable entity for a financial year is liable to pay levy, in one or more instalments, for that financial year.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"When instalment of levy due for payment","content":"#### 8 When instalment of levy due for payment\n\n (1) An instalment of levy payable by a person for a financial year is due and payable on a business day that is:\n (a) specified in a notice that the AUSTRAC CEO gives to the person in relation to the instalment; and\n (b) not earlier than 30 days after the beginning of the financial year; and\n (c) not earlier than 30 days after the day on which the notice is given.\n (2) If the person nominates another person by written notice given to the AUSTRAC CEO:\n (a) the notice under paragraph (1)(a) of this section may be given to the nominated person; and\n (b) the obligation imposed on the person by subsection (1) of this section may be discharged by the nominated person.\n (3) To avoid doubt, subsection (2) does not otherwise affect the person’s liability under section 7.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Late payment penalty","content":"#### 9 Late payment penalty\n\n (1) If any instalment of levy payable by a person remains unpaid at the start of the levy month after the instalment became due for payment, the person is liable to pay the Commonwealth, for that levy month, a penalty worked out using the following formula:\n ![Start formula Amount of the instalment remaining unpaid at the start of the levy month times 0.2 over 12 end fraction end formula](image.002.png)\n (2) Late payment penalty for a levy month is due and payable at the end of the levy month.\n (3) However, the AUSTRAC CEO may, by written notice given to the person before, on or after the day on which late payment penalty would be due and payable apart from this subsection, specify a later day as the day on which the late payment penalty is due and payable. The notice has effect, and is taken always to have had effect, according to its terms.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Payment of levy and late payment penalty","content":"#### 10 Payment of levy and late payment penalty\n\n An instalment of levy and late payment penalty are payable to the AUSTRAC CEO on behalf of the Commonwealth.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Waiver of levy and late payment penalty","content":"#### 11 Waiver of levy and late payment penalty\n\n (1) The AUSTRAC CEO may, on behalf of the Commonwealth, if the AUSTRAC CEO considers it is appropriate to do so, waive the payment of the whole or a part of an amount of levy or late payment penalty (or both) that is payable by a person.\n (2) The AUSTRAC CEO may do so on his or her own initiative or on written application by a person.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Recovery of levy and late payment penalty","content":"#### 12 Recovery of levy and late payment penalty\n\n (1) The following amounts may be recovered by the Commonwealth from a person as debts due to the Commonwealth:\n (a) an instalment of levy that is due and payable by the person;\n (b) late payment penalty that is due and payable by the person.\n (2) The AUSTRAC CEO is authorised, as agent of the Commonwealth, to bring proceedings in the name of the Commonwealth for the recovery of a debt due to the Commonwealth of a kind mentioned in subsection (1).","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Exempting laws ineffective","content":"#### 13 Exempting laws ineffective\n\n (1) Nothing in a law passed before the commencement of this section exempts a person from liability to pay levy.\n (2) If a law (including a provision of a law) passed after the commencement of this section purports to exempt a person from:\n (a) liability to pay taxes under laws of the Commonwealth; or\n (b) liability to pay certain taxes under laws of the Commonwealth that would otherwise include levy;\n the law does not operate to exempt the person from liability to pay levy unless the exemption expressly refers to levy under this Act.\n (3) To avoid doubt, this section does not apply in relation to an exemption under this Act or the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Internal review of certain decisions","content":"#### 14 Internal review of certain decisions\n\n (1) A person who is affected by a decision of the AUSTRAC CEO under section 11 may, if dissatisfied with the decision, request the AUSTRAC CEO to reconsider the decision.\n (2) The request must:\n (a) be made by notice given to the AUSTRAC CEO within:\n (i) the period of 21 days after the day on which the person first receives notice of the decision; or\n (ii) any further period that the AUSTRAC CEO allows; and\n (b) set out the reasons for making the request.\n (3) After receiving the request, the AUSTRAC CEO must review the decision or cause the decision to be reviewed by a person:\n (a) to whom the AUSTRAC CEO’s power under this section is delegated; and\n (b) who was not involved in the making of the decision; and\n (c) who occupies a position in AUSTRAC that is senior to that occupied by a person involved in the making of the decision.\n (4) Within 42 days after receiving the request, the person reviewing the decision must:\n (a) reconsider the decision; and\n (b) confirm, revoke or vary the decision, as the person thinks fit.\n (5) If the person reviewing the decision does not confirm, revoke or vary the decision within the period of 42 days after receiving the request, he or she is taken to have confirmed the decision under subsection (4) immediately after the end of that period.\n (6) The person reviewing the decision must give a notice in writing to the person that made the request that sets out the result of the reconsideration of the decision and gives the reasons for his or her decision.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Administrative Review Tribunal review of certain decisions","content":"#### 15 Administrative Review Tribunal review of certain decisions\n\n Applications may be made to the Administrative Review Tribunal for review of:\n (a) a decision of the AUSTRAC CEO that has been confirmed or varied under subsection 14(4) or a decision that has been taken to have been confirmed under subsection 14(5); or\n (b) a decision of the AUSTRAC CEO under subsection 14(4) to revoke a decision.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Review of operation of levy","content":"#### 17 Review of operation of levy\n\n (1) The Minister must cause an independent review of the operation of the levy to be undertaken as soon as possible after the fourth anniversary of the commencement of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Collection) Amendment Act 2014.\n (2) The person who undertakes the review must:\n (a) consult with industry participants about the impact of the levy and the costs of complying with the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011; and\n (b) give the Minister a written report of the review within 6 months after the fourth anniversary of the commencement of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Collection) Amendment Act 2014.\n (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.\n (4) A report prepared under subsection (2) must include (but is not limited to):\n (a) a review of the methodology used to calculate instalments of levy; and\n (b) a summary of the consultations undertaken under paragraph (2)(a).","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"9(3)","severity":"medium","reasoning":"A notice cannot logically 'always have had effect' if it did not exist at the relevant earlier time. If penalty became due on 31 January and the CEO issues a notice on 15 February specifying 28 February as the due date, the fiction that this notice 'always' had effect is legally incoherent — obligations already crystallised cannot be retroactively uncrystallised by a document that did not exist. This creates uncertainty about whether accrued debts were ever actually debts.","confidence":0.82,"description":"The AUSTRAC CEO can issue a notice specifying a later due date for late payment penalty that 'is taken always to have had effect' — meaning a notice issued after the penalty was already due and payable can retroactively alter when it was due, effectively rewriting legal history."},{"type":"circular_definition","section":"6(1) - 'levy month'","severity":"low","reasoning":"Defining 'levy month' as 'one of the 12 months of the calendar year' is tautological — it simply restates common knowledge without providing any operative legal distinction. It does not clarify which months trigger liability, how months are counted for penalty purposes, or whether partial months count. The definition serves no interpretive function and creates ambiguity when an instalment becomes due mid-month as to whether the 'levy month after' means the next calendar month or a 30-day rolling period.","confidence":0.75,"description":"The definition of 'levy month' as 'one of the 12 months of the calendar year' is circularly uninformative and adds no legal content beyond what is already known from ordinary usage."},{"type":"self_contradicting","section":"13(1) and 13(2)","severity":"low","reasoning":"While s13(3) is intended as a clarifying carve-out, the combined effect of s13(1) absolute prohibition and s13(3) self-exemption creates a logical hierarchy problem: the Act declares exempting laws ineffective while simultaneously authorising its own exemptions (via s11 waiver). This is not strictly contradictory but is logically inelegant — the absolutist language of s13(1) is undermined by the Act's own waiver mechanism in s11, which is itself an exemption mechanism.","confidence":0.55,"description":"Section 13(1) declares that no pre-commencement law can exempt a person from levy liability, but section 13(3) carves out exemptions under the Act itself — meaning the Act simultaneously prohibits exemptions and grants itself the power to create them, producing a structurally self-defeating provision."},{"type":"impossible_compliance","section":"17(1) and 17(2)(b)","severity":"medium","reasoning":"If the Minister triggers the review 'as soon as possible after' the fourth anniversary (e.g., on the anniversary itself), the reviewer must complete and deliver a written report within 6 months of that same anniversary. However, if delays occur in appointing a reviewer (which is common), the review may not meaningfully commence until weeks or months after the anniversary, making it practically impossible to conduct genuine consultations with industry and produce a substantive report within the fixed 6-month window that runs from the anniversary date — not from when the review actually commenced.","confidence":0.7,"description":"Section 17 requires the review to be undertaken 'as soon as possible after the fourth anniversary' of the 2014 Amendment Act's commencement but also requires the written report to be delivered 'within 6 months after the fourth anniversary' — making it impossible to comply with both requirements if the review commences close to or after the 6-month report deadline."},{"type":"self_contradicting","section":"6(2)","severity":"low","reasoning":"The provision first creates a legal fiction (the entity is a person) and then immediately dismantles it by redirecting all obligations to the constituent individuals. The fictional personhood of the entity is therefore legally empty — it bears no obligations itself. This raises questions about whether levy assessed against the 'entity-as-person' is validly assessed at all, or whether it must be separately assessed against each partner/member/trustee.","confidence":0.6,"description":"Treating partnerships, unincorporated associations and trusts 'as if they were a person' while simultaneously imposing obligations on each individual partner/member/trustee creates a logical doubling — the entity is deemed a person for liability purposes but obligations are then fractured back to individuals, meaning the fictional person never actually bears any obligation."}],"contradictions":[{"severity":"low","section_a":"8(1)(b) - instalment not due earlier than 30 days after beginning of financial year","section_b":"9(1) - penalty accrues at start of levy month after instalment became due","confidence":0.55,"description":"An instalment cannot be due before 30 July (30 days into the financial year beginning 1 July), yet the late payment penalty mechanism references 'the levy month after the instalment became due' using calendar months. If an instalment is due on, say, 31 July, the 'next levy month' is August — but if due on 1 August, the next levy month is also August, creating inconsistent penalty accrual timelines depending on which day within a month the notice specifies."},{"severity":"medium","section_a":"14(3) - AUSTRAC CEO must review or cause review by delegate","section_b":"14(3)(a) - reviewer must be a delegate of the AUSTRAC CEO's power under this section","confidence":0.65,"description":"Section 14(3) requires that if the AUSTRAC CEO causes someone else to review the decision, that person must be one to whom the CEO's power 'under this section' is delegated. However, the section itself does not contain any express delegation power — delegation would need to arise under a separate instrument or the AML/CTF Act. The self-referential delegation requirement may therefore be impossible to satisfy strictly within the terms of this section alone."},{"severity":"low","section_a":"15 - ART review available for confirmed or varied decisions under s14(4) or deemed confirmation under s14(5)","section_b":"15(b) - ART review also available for a decision to revoke under s14(4)","confidence":0.6,"description":"Section 15 creates a logical asymmetry: a person can seek ART review of a revocation decision (which is favourable to them — their waiver application succeeded or a previous adverse decision was removed), yet cannot seek ART review of a plain confirmation or variation until internal review is exhausted. This means a person who wins on internal review can have that win challenged at the ART, while the pathways for an unsuccessful applicant are more restricted in framing."},{"severity":"medium","section_a":"11(1) - AUSTRAC CEO may waive levy or late payment penalty","section_b":"13(1) - nothing in any law exempts a person from liability to pay levy","confidence":0.7,"description":"Section 13(1) declares no law can exempt a person from levy liability, while section 11 grants the AUSTRAC CEO administrative power to waive the entirety of levy payable. A full waiver under s11 is functionally indistinguishable from an exemption, creating a tension between the absolute anti-exemption declaration in s13(1) and the broad waiver power in s11. Section 13(3) attempts to resolve this but does so only partially — it excludes 'exemptions under this Act' but the s11 power is framed as 'waiver' not 'exemption', leaving residual ambiguity."}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains a collection and enforcement mechanism for the AUSTRAC industry levy, consistent with its original purpose. Section 17 (the independent review obligation) was added by a 2014 amendment but represents a procedural accountability measure rather than a substantive change in scope. The core scope — imposing payment obligations, penalties, waiver powers, and recovery mechanisms for the AUSTRAC supervisory levy — has not materially shifted from original intent."},"complexity_factors":["Cross-references multiple related Acts (AML/CTF Act 2006, Industry Contribution Act 2011, Supervisory Cost Recovery Levy Act 2011) requiring reading across several pieces of legislation","Staggered commencement provisions with different dates for different sections, linked to commencement of another Act","Special rules for partnerships, trusts and unincorporated associations that dislodge normal legal personality concepts","Two-tier review process (internal reconsideration then Administrative Review Tribunal) with strict time limits","Anti-avoidance provision (section 13) requiring future exempting laws to expressly name this levy — technically nuanced","Late payment penalty formula requires calculation skill and understanding of 'levy month' concept","Extraterritorial and External Territory application adds jurisdictional complexity","Crown-binding provision has constitutional significance not immediately obvious to laypersons"],"plain_english_summary":"This Act creates the collection system for a compulsory levy on businesses regulated by AUSTRAC under the AML/CTF Act — banks, transfers, casinos and other financial service providers (including partnerships, trusts and unincorporated groups). It requires payment on notice, exposes late payers to ongoing monthly penalties, allows AUSTRAC to waive amounts, and treats unpaid sums as recoverable Commonwealth debts. It also preserves internal and independent review rights and funds AUSTRAC’s regulatory operations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the administrative framework for collecting the AUSTRAC industry contribution levy. The 2014 amendment added a review mechanism (section 17) to assess the levy's operation after four years, but this is a standard accountability measure rather than a scope expansion. The Act has not grown beyond its core function of collection, enforcement, and review of the levy."},"complexity_factors":["Only 6 defined terms in section 6, with most definitions imported by reference from other Acts (Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011)","Straightforward procedural structure: liability (s 7), payment timing (s 8), penalties (s 9), payment mechanics (s 10), waiver (s 11), recovery (s 12), exemptions (s 13), review rights (ss 14-15)","Single formula for late payment penalty in section 9 with no nested conditions","No complex cross-referencing beyond the companion levy Act and the AML/CTF Act","Limited conditional logic — mainly timing rules for payment due dates and review periods","Short length (17 sections) with clear section headings"],"plain_english_summary":"This law sets up the machinery for collecting money from businesses to fund AUSTRAC — the government agency that fights money laundering and terrorism financing.\n\n**What it does:**\n- **Who pays:** Banks, casinos, bullion dealers, and other businesses regulated under anti-money laundering laws (called \"leviable entities\") must pay an annual levy.\n- **How it works:** The AUSTRAC CEO sends notices telling businesses when to pay instalments. Payments are due at least 30 days after the financial year starts and 30 days after the notice is sent.\n- **Late fees:** If you don't pay on time, you get hit with a monthly penalty calculated as roughly 1.67% per month (0.2 divided by 12) of the unpaid amount.\n- **Wiggle room:** The AUSTRAC CEO can waive (cancel) some or all of the levy or late fees if they think it's fair.\n- **Debt recovery:** Unpaid levies and penalties can be recovered as debts owed to the Commonwealth.\n- **Appeals:** If you disagree with a waiver decision, you can ask for an internal review within 21 days, and then appeal to the Administrative Review Tribunal if still unhappy.\n- **No escape clauses:** Other laws can't accidentally exempt anyone from paying this levy unless they explicitly name this Act.\n\n**Why it matters:**\nThis is the \"collection\" side of a cost-recovery scheme. Instead of taxpayers funding AUSTRAC's supervision of the financial sector, the regulated businesses themselves foot the bill. The law ensures the government has teeth to enforce payment while giving businesses fair warning and appeal rights."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act does not redefine who is liable for the levy; it establishes collection, penalty, waiver, recovery and review procedures while relying on levy and leviable‑entity definitions in the separate Industry Contribution Act (s 6, s 7). It also clarifies that prior or later laws do not exempt liability unless they expressly refer to this levy (s 13). The Act therefore implements collection mechanics without expanding or narrowing the statutory scope of who pays."},"complexity_factors":["Dependence on defined terms in another Act (leviable entity and levy are defined in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011) — increases cross‑reference complexity (s 6).","Discretion granted to the AUSTRAC CEO to waive amounts and vary due dates — introduces administrative discretion and variable compliance outcomes (ss 9(3), 11).","Simple penalty formula but monthly application and timing rules require bookkeeping and monitoring by payers (s 9).","Recovery mechanism treats unpaid amounts as Commonwealth debts and authorises AUSTRAC CEO to litigate as agent — procedural but straightforward (s 12).","Internal review and external tribunal review rights create procedural steps for disputing waiver decisions (ss 14–15).","Broad territorial reach (binds the Crown, extends to external Territories and extraterritorially) may affect entities with cross‑border activity (ss 3–5)."],"plain_english_summary":"This Act sets out how AUSTRAC’s industry levy is collected: entities defined as \"leviable\" must pay the levy in one or more instalments to the AUSTRAC CEO (ss 6, 7, 8). Unpaid instalments attract a monthly late‑payment penalty calculated pro rata from a 20% per annum rate (s 9). The AUSTRAC CEO can waive amounts, change due dates and sue to recover unpaid debts; decisions about waivers have internal review and Administrative Review Tribunal rights (ss 11, 12, 14, 15). The Act binds the Crown and applies to external territories and extraterritorially (ss 3–5)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-collection-act-2011/documents"}}