{"id":"F2018L01331","name":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2018 (No. 1)","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98019,"registerId":"commonwealth-F2018L01331-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 2018 (No. 1)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nAustralian Transaction Reports and Analysis Centre Industry Contribution Determination 2018 (No. 1)[\\[1\\]](#_ftn1)\n\nAustralian Transaction Reports and Analysis Centre Industry Contribution Act 2011\n\nI, PETER DUTTON, Minister for Home Affairs, make this Determination under subsection 9(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n\n13 September 2018\n\n\\[signed\\]\n\nPETER DUTTON\n\nMinister for Home Affairs\n\n1 Name of Determination\n\nThis Determination is the Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2018 (No. 1).\n\n2 Commencement\n\nThis Determination commences on the day after it is registered.\n\n3 Definitions\n\n(1) In this Determination:\n\nthe Act means the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.\n\nADI (short for authorised deposit-taking institution) has the same meaning as in the AML/CTF Act.\n\nAML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.\n\nacquired refers to the acquisition of the business of an entity.\n\nAUSTRAC has the same meaning as in the AML/CTF Act.\n\nAUSTRAC CEO has the same meaning as in the AML/CTF Act.\n\ncensus day, in relation to the financial year, has the same meaning as in the Act.\n\nearnings, in relation to a leviable entity, means:\n\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\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\n(c) in any other case – the total earnings before tax, interest, depreciation and amortisation (EBITDA) not adjusted for significant items;\n\nof 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\nNote 1: The above definition recognises that leviable entities may have annual accounting periods that end on other than 30 June in any year.\n\nNote 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\nfinancial year means the financial year beginning on 1 July 2018.\n\nforeign company has the same meaning as in the Corporations Act 2001.\n\ngroup of leviable entities means all leviable entities that are related bodies corporate.\n\nleviable entity, in relation to the financial year, has the same meaning as in the Act.\n\nleviable 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 2017:\n\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\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\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\nNational 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\nprevious financial year means the financial year beginning on 1 July 2017.\n\nregistered financial corporation has the same meaning as registered entity in the Financial Sector (Collection of Data) Act 2001.\n\nrelated bodies corporate has the same meaning as in the Corporations Act 2001.\n\nremittance affiliate means a leviable entity that:\n\n(a) provides a designated service covered by item 31 or 32 of table 1 in section 6 of the AML/CTF Act; and\n\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\nsubsidiary has the same meaning as in the Corporations Act 2001.\n\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\n4 Amount of instalment of levy\n\n(1) Subitem (2) has effect subject to subitems (3), (4), (5), (6) and (7).\n\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\nPayment threshold\n\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\nMaximum payment amount\n\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\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 – $10,205,095.19; or\n\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 – $10,205,095.19 divided by the number of leviable entities in the group.\n\nOther\n\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\n(a) provided a designated service or services only in the capacity of a remittance affiliate; and\n\n(b) did not provide a designated service in any other capacity;\n\nis nil.\n\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\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\n5 Earnings component\n\n(1) Subitem (2) has effect subject to subitems (3) and (4).\n\n(2) The earnings component for a leviable entity is:\n\n(a) for a leviable entity that is not part of a group of leviable entities – 0.047 per cent of the earnings for the leviable entity; or\n\n(b) for a leviable entity that is part of a group of leviable entities – 0.047 per cent of the total earnings for the group of leviable entities, divided by the number of leviable entities in the group.\n\nEarnings component threshold\n\n(3) The earnings component for a leviable entity:\n\n(a) that is not part of a group of leviable entities and has earnings of less than $100,000,000; or\n\n(b) that is part of a group of leviable entities the total earnings for which are less than $100,000,000;\n\nis nil.\n\nEarnings component cap\n\n(4) If the earnings component calculated for a leviable entity under subitem (2) is greater than $1,500,000, then:\n\n(a) for a leviable entity that is not part of a group of leviable entities – the earnings component for the leviable entity is $1,500,000; or\n\n(b) for a leviable entity that is part of a group of leviable entities – the earnings component for the leviable entity is $1,500,000, divided by the number of leviable entities in the group.\n\n6 Transaction reporting component\n\n(1) Subitem (2) has effect subject to subitem (3).\n\n(2) The transaction reporting component for a leviable entity is to be calculated in accordance with the following formula:\n\n(a) if the total value of the leviable reports that the entity gave in the 2017 calendar year was less than $15 billion:\n\n| 1.2 cents for each leviable report | plus | 0.00094705 per cent of the value of the leviable report |\n| ---------------------------------- | ---- | ------------------------------------------------------- |\n\nor\n\n(b) if the total value of the leviable reports that the entity gave in the 2017 calendar year was $15 billion or more:\n\n| 1.2 cents for each leviable report | plus | 0.00112194 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\n(4) In this item, a reference to the value of a leviable report is a reference to the value of 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, managed in accordance with the Legislation Act 2003. See [Federal Register of Legislation](https://www.legislation.gov.au/Home).","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination implements the Act's power to fix levy instalments for the specified financial year by setting rates, thresholds, caps and exemptions. It does not amend who is leviable under the Act; instead it prescribes calculation mechanics (earnings and transaction-reporting components), timing and special-case exemptions (see items 3–6). The text confines foreign-entity measures to Australian operations (item 3(2)) but does not expand the Act's defined scope of leviable entities."},"complexity_factors":["Two-part formula combining an earnings component and a transaction-reporting component (item 4(2)) increases computational complexity.","Earnings are measured differently by entity type (ADI/registered financial corporation: PBTDA; others: EBITDA) and reference prior-year accounts recorded on AUSTRAC's roll (definition of 'earnings' in item 3; reference to roll under section 51C of the AML/CTF Act).","Multiple thresholds and caps: payment floor $1,000 (4(3)); earnings-component threshold $100,000,000 (5(3)); earnings-component cap $1,500,000 (5(4)); overall maximum payment $10,205,095.19 (4(4)).","Group allocation rules require aggregating group earnings then dividing by number of leviable entities, affecting intra-group billing and allocation (definition of 'group of leviable entities'; 5(2)(b); 4(4)(b)).","Transaction-reporting component uses both a fixed per-report fee and a value-based percentage with two rate bands depending on total report value (<$15bn or ≥$15bn) (6(2)), requiring historical report counts and total values (leviable reports from 2017 calendar year).","Special exemptions and nil-payment rules add eligibility complexity (remittance-affiliate-only providers (4(5)); Market Generators under National Electricity Rules (4(6)); Commonwealth public-purpose bodies (4(7))).","Anti-duplication rule prevents the same leviable report being counted for more than one entity when reports were given by affiliates or acquired entities (6(3); definition of 'leviable report' in item 3).","Treatment of foreign companies restricts the base to operations in Australia, requiring geographic allocation of profits for foreign parents or subsidiaries (item 3(2)).","Data-timing and lineage requirements: uses different prior periods for earnings (previous financial year) and reports (2017 calendar year), forcing reconciliation across reporting frameworks (definitions and items 3, 4, 6)."],"plain_english_summary":"This Determination sets how AUSTRAC industry levy instalments for the 2018–19 year are calculated. Each leviable entity pays a sum of an earnings component (a percentage of prior-year earnings, with thresholds and caps) and a transaction-reporting component (a per-report fee plus a value-based percentage with two bands), subject to exemptions and a maximum payment. It affects leviable entities under the Act (for example banks, registered financial corporations and certain remittance providers) and dictates the data and computations they must supply to AUSTRAC."},"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: calculating specific levy amounts for the 2018-19 financial year based on the established two-component formula (earnings plus transaction reporting)."},"complexity_factors":["Multiple calculation formulas with conditional branches based on entity type and earnings thresholds","17 defined terms in section 3, many cross-referencing other Acts (AML/CTF Act, Corporations Act, Financial Sector (Collection of Data) Act)","Nested exceptions: subitem 4(2) subject to five subsequent subitems (4(3) through 4(7)), each creating carve-outs","Complex group entity calculations requiring aggregation of earnings across related bodies corporate then division by entity count","Dual-tiered transaction reporting formula with different rates depending on whether 2017 report values exceeded $15 billion threshold","Anti-double-counting rule in item 6(3) preventing duplicate use of affiliate/acquired entity reports","Foreign company profit attribution limited to Australian operations (subitem 3(2))","Multiple interacting caps and thresholds ($1,000 payment threshold, $100M earnings threshold, $1.5M earnings cap, $10.2M maximum payment, $15B transaction value threshold)"],"plain_english_summary":"This bill creates a user-pays levy on businesses that report transactions to AUSTRAC (banks, remitters and other reporting entities) to fund Australia’s anti‑money‑laundering regulator. The charge is calculated from an earnings-based percentage and a reporting/transaction-based fee, with low‑value bills waived, remittance affiliates and some public bodies exempt, and per‑entity and group caps limiting large liabilities. It shifts regulatory costs from taxpayers to the firms whose reporting generates AUSTRAC’s workload."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2018-no-1/documents"}}