{"id":"F2017L01195","name":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2017 (No. 1)","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97076,"registerId":"commonwealth-F2017L01195-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2017 (No. 1)","content":"![Commonwealth Coat of Arms](image.001.png)\n\n    Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2017 (No. 1)[\\[1\\]](#_ftn1)\n    Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011\n    I, MICHAEL KEENAN, Minister for Justice, make this Determination under subsection 9(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n\n    Dated 13th September 2017\n\n    \\[signed\\]\n    MICHAEL KEENAN  \n    Minister for Justice\n\n    1 Name of Determination\n    This Determination is the Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2017 (No. 1).\n    2 Commencement\n    This Determination commences on the day after it is registered.\n    3 Definitions\n    (1) In this Determination:\n    the Act means the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n    ADI (short for authorised deposit-taking institution) has the same meaning as in the AML/CTF Act.\n    AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.\n    acquired refers to the acquisition of the business of an entity.\n    AUSTRAC has the same meaning as in the AML/CTF Act.\n    AUSTRAC CEO has the same meaning as in the AML/CTF Act.\n    census day, in relation to the financial year, has the same meaning as in the Act.\n    earnings, in relation to a leviable entity, means:\n    (a) if the leviable entity is an ADI or a registered financial corporation – the total profit before tax, depreciation and amortisation (PBTDA), not adjusted for significant items; or\n    (b) if the leviable entity is a member of a group of leviable entities and any member of that group is an ADI or a registered financial corporation – the total profit before tax, depreciation and amortisation (PBTDA) not adjusted for significant items; or\n    (c) in any other case – the total earnings before tax, interest, depreciation and amortisation (EBITDA) not adjusted for significant items;\n    of the leviable entity, for a year ending in the previous financial year, the details of which have been recorded in accordance with the requirements for the roll maintained by the AUSTRAC CEO under section 51C of the AML/CTF Act.\n    Note 1: The above definition recognises that leviable entities may have annual accounting periods that end on other than 30 June in any year.\n    Note 2: The operation of the above definition in relation to leviable entities that are foreign companies or subsidiaries of foreign companies is affected by subitem (2) of this item 3.\n    financial year means the financial year beginning on 1 July 2017.\n    foreign company has the same meaning as in the Corporations Act 2001.\n    group of leviable entities means all leviable entities that are related bodies corporate.\n    leviable entity, in relation to the financial year, has the same meaning as in the Act.\n    leviable report, in relation to a leviable entity, means one of the following reports given to the AUSTRAC CEO during the calendar year beginning on 1 January 2016:\n    (a) a report given by the leviable entity under subsections 43(2) or 45(2) of the AML/CTF Act (including a report given by the leviable entity in the form required for subsections 43(2) or 45(2), whether or not such a report was required to be given under either of those subsections); or\n    (b) a report of the type referred to in paragraph (a) that was given by another leviable entity that, as at the time the report was given, was a remittance affiliate of the leviable entity; or\n    (c) a report of the type referred to in paragraph (a) that was given by another leviable entity that, prior to the census day, was acquired by the leviable entity.\n    National Electricity Rules means the Rules made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).\n    previous financial year means the financial year beginning on  \n    1 July 2016.\n    registered financial corporation has the same meaning as registered entity in the Financial Sector (Collection of Data) Act 2001.\n    related bodies corporate has the same meaning as in the Corporations Act 2001.\n    remittance affiliate means a leviable entity that:\n    (a) provides a designated service covered by item 31 or 32 of  \n    table 1 in section 6 of the AML/CTF Act; and\n    (b) provides that service as part of a network of persons of a kind referred to in item 32A of that table operated by another leviable entity.\n    subsidiary has the same meaning as in the Corporations Act 2001.\n    (2) A reference in this Determination to the total profit or total earnings of a leviable entity that is a foreign company or a subsidiary of a foreign company is a reference to the total profit or total earnings of the leviable entity which are derived from operations in Australia.\n    4 Amount of instalment of levy\n    (1) Subitem (2) has effect subject to subitems (3), (4), (5), (6) and (7).\n    (2) For subsection 9(1) of the Act, the amount of the instalment of levy payable by a leviable entity for the financial year is to be calculated in accordance with the following formula:\n\n| earnings component | +   | transaction reporting component |\n| ------------------ | --- | ------------------------------- |\n\n    Payment threshold\n    (3) If the amount calculated in relation to a leviable entity under subitem (2) is less than $1,000, then, for subsection 9(1) of the Act, the amount of the instalment of levy payable by the leviable entity for the financial year is nil.\n    Maximum payment amount\n    (4) For subsection 9(1) of the Act, the amount of the instalment of levy payable by a leviable entity for the financial year is:\n    (a) for a leviable entity that is not a part of a group of leviable entities and has earnings of greater than $5,000,000,000 – $9,814,148.11; or\n    (b) for a leviable entity that is part of a group of leviable entities the total earnings for which are greater than $5,000,000,000 – $9,814,148.11 divided by the number of leviable entities in the group.\n    Other\n    (5) For subsection 9(1) of the Act, the amount of the instalment of levy payable for the financial year by a leviable entity that, in the previous financial year:\n    (a) provided a designated service or services only in the capacity of a remittance affiliate; and\n    (b) did not provide a designated service in any other capacity;\n    is nil.\n    (6) For subsection 9(1) of the Act, the amount of the instalment of levy payable for the financial year by a leviable entity that, on the census day for the financial year, was a ‘Market Generator’ within the meaning of the National Electricity Rules, is nil.\n    (7) For subsection 9(1) of the Act, the amount of the instalment of levy payable for the financial year by a leviable entity that is a body corporate established for a public purpose by an Act passed by the Parliament of the Commonwealth is nil.\n    5 Earnings component\n    (1) Subitem (2) has effect subject to subitems (3) and (4).\n    (2) The earnings component for a leviable entity is:\n    (a) for a leviable entity that is not part of a group of leviable entities – 0.043 per cent of the earnings for the leviable entity; or\n    (b) for a leviable entity that is part of a group of leviable entities – 0.043 per cent of the total earnings for the group of leviable entities, divided by the number of leviable entities in the group.\n    Earnings component threshold\n    (3) The earnings component for a leviable entity:\n    (a) that is not part of a group of leviable entities and has earnings of less than $100,000,000; or\n    (b) that is part of a group of leviable entities the total earnings for which are less than $100,000,000;\n    is nil.\n    Earnings component cap\n    (4) If the earnings component calculated for a leviable entity under subitem (2) is greater than $1,000,000, then:\n    (a) for a leviable entity that is not part of a group of leviable entities – the earnings component for the leviable entity is $1,000,000; or\n    (b) for a leviable entity that is part of a group of leviable entities – the earnings component for the leviable entity is $1,000,000, divided by the number of leviable entities in the group.\n    6 Transaction reporting component\n    (1) Subitem (2) has effect subject to subitem (3).\n    (2) The transaction reporting component for a leviable entity is to be calculated in accordance with the following formula:\n\n| 1.2 cents for each leviable report | +   | 0.00110412 per cent of the value of the leviable report |\n| ---------------------------------- | --- | ------------------------------------------------------- |\n\n    (3) If a leviable report of the type referred to in paragraph (b) or (c) of the definition of leviable report is used in the calculation of a leviable entity’s transaction reporting component, the same report cannot be used in the calculation of any other leviable entity’s transaction reporting component.\n    (4) In this item, a reference to the value of a leviable report is a reference to the transaction to which the leviable report relates.\n\n---\n\n[\\[1\\]](#_ftnref1) All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislative Instruments Act 2003. See http://www.legislation.gov.au.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination does not alter which entities fall within the levy’s statutory scope under the Act. Instead it fixes the 2017–18 financial parameters: how earnings are measured, the levy rates and formulas, thresholds, caps, group allocation mechanics and limited exemptions (see items 3, 4, 5 and 6). It therefore changes amounts and measurement rules for that year but not the statutory coverage of leviable entities."},"complexity_factors":["Two-part levy formula combining an earnings component and a transaction-reporting component with different bases and rates (items 4(2), 5(2), 6(2))","Multiple thresholds and caps affecting whether the earnings component applies and its maximum (items 4(3)–(4), 5(3)–(4))","Group allocation rules that divide group-wide earnings and caps across leviable entities (items 4(4), 5(2)(b))","Definitions that reference other statutes and accounting measures (eg ADI and AUSTRAC definitions from the AML/CTF Act; earnings as PBTDA or EBITDA) complicating measurement (item 3(1))","Transaction-reporting component mixes a per-report flat fee and a percentage of transaction value, and prevents double-counting of reports across entities (items 6(2)–(3))","Specific exemptions and nil-payment categories (remittance-affiliate-only providers, Market Generators, Commonwealth public-purpose bodies) requiring factual determinations (items 4(5)–(7))","Treatment of foreign companies/subsidiaries limited to Australian-derived operations, requiring apportionment of overseas income (item 3(2))","Dependence on historical reporting and AUSTRAC’s roll records (leviable reports given during calendar 2016; roll under s51C of AML/CTF Act) introduces administrative reliance and implementation risk (item 3(1); note to earnings definition)"],"plain_english_summary":"This Determination sets AUSTRAC’s industry levy for the 2017–18 financial year. It prescribes a two-part payment formula for each leviable entity: an earnings-based component and a transaction-reporting component, plus minimum payment, maximum caps, group allocation rules and a small set of exemptions.\n\nLeviable entities (for example ADIs, registered financial corporations and other AML/CTF reporting entities) pay amounts that scale with reported profits and the number/value of leviable reports, increasing compliance and reporting costs and creating incentives to change reporting volumes or group structures."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a standard annual levy determination made under the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011. It operates within the established statutory framework for funding AUSTRAC through industry contributions. The scope remains consistent with the original Act's intent: to recover AUSTRAC's costs from the regulated population based on size and reporting activity."},"complexity_factors":["17 defined terms in section 3, many of which reference other Acts (AML/CTF Act, Corporations Act 2001, Financial Sector (Collection of Data) Act 2001)","Nested conditional logic with multiple thresholds, caps, and exemptions (subitems (3)-(7) in section 4 modify the base calculation in subitem (2))","Complex earnings definition with three alternative calculation methods depending on entity type (ADI, registered financial corporation, or other)","Group treatment rules requiring calculation across related corporate entities and division by number of entities in group","Cross-references to external regulatory frameworks (National Electricity Rules, AML/CTF Act provisions)","Anti-double-counting rule in section 6(3) preventing duplicate use of reports across affiliated entities","Special treatment for foreign companies requiring Australian-sourced earnings only (section 3(2))"],"plain_english_summary":"This bill funds AUSTRAC by charging businesses that must report under anti‑money‑laundering laws. A levy is calculated from a profits-based component and a reporting/transaction component, so larger firms and heavy reporters pay more.\n\nIt exempts very small bills, certain small remittance agents and some public bodies, and includes caps. It matters because regulated industries will directly finance Australia’s financial‑crime agency."}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2017-no-1/documents"}}