{"id":"F2019L01306","name":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2019 (No. 1)","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99880,"registerId":"commonwealth-F2019L01306-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 2019 (No. 1)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nAustralian Transaction Reports and Analysis Centre Industry Contribution Determination 2019 (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\n\\[Signed\\]\n\nMinister for Home Affairs\n\n25 September 2019\n\n  \n\n1 Name of Determination\n\nThis Determination is the Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2019 (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 2019.\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 2018:\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 2018.\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 $1,100, 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 – $11,789,812.27; 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 – $11,789,812.27 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 $2,000,000, 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 $2,000,000; 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 $2,000,000, 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 2018 calendar year was less than $15 billion:\n\n| 1.3 cents for each leviable report | plus | 0.00093503 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 2018 calendar year was $15 billion or more:\n\n| 1.3 cents for each leviable report | plus | 0.00114134 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_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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination appears consistent with the original intent of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011, which established the framework for industry funding of AUSTRAC. The 2019 Determination operates within the statutory parameters set by the parent Act (subsection 9(1)), applying the same fundamental structure of earnings-based plus transaction-based levies with thresholds and caps. No significant scope expansion is evident."},"complexity_factors":["Dual-formula calculation structure requiring computation of both earnings and transaction components","15 defined terms in section 3, many cross-referencing other Acts (AML/CTF Act, Corporations Act, Financial Sector (Collection of Data) Act)","Nested conditional logic: primary calculation in subitem (2) subject to five separate override conditions in subitems (3)-(7)","Group entity calculations requiring aggregation and division across related bodies corporate","Different accounting metrics for different entity types (PBTDA for banks/financial corporations, EBITDA for others)","Foreign company carve-out requiring separate calculation of Australian-derived earnings only","Transaction reporting component with tiered rates based on $15 billion threshold and complex per-report plus percentage formula","Anti-double-counting rule in section 6(3) preventing duplicate use of affiliate/acquired reports","Multiple interacting caps, thresholds, and exemptions that must be applied in sequence"],"plain_english_summary":"This Determination sets a levy on banks, ADIs, money remitters and other AUSTRAC‑reporting entities to fund Australia’s financial intelligence agency. The charge combines an earnings‑based element (with a $100M earnings threshold and per‑entity cap) and a reporting‑based element tied to 2018 reports and transaction values, with a $1,100 minimum and overall caps and specified exemptions (eg, pure remittance affiliates, certain government bodies). It shifts AUSTRAC funding onto the regulated businesses that use its services."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination implements rate, threshold, cap and exemption settings under subsection 9(1) of the Act; it does not redefine who is a leviable entity. It applies the Act’s scope (definitions cross‑referenced in item 3) and confines changes to calculation mechanics (items 4–6), not to the legal categories of entities captured."},"complexity_factors":["Multiple technical definitions and cross-references (item 3) — e.g. ‘earnings’, ‘leviable report’, ‘remittance affiliate’, group definitions.","Two-part levy formula (item 4): earnings component plus transaction reporting component, each with different bases and thresholds.","Different accounting measures for categories (PBTDA for ADIs/registered financial corporations; EBITDA otherwise) (item 3).","Numerous thresholds, caps and special cases: payment floor ($1,100), earnings floor ($100m), earnings cap ($2,000,000), maximum instalment ($11,789,812.27) and exemptions (item 4(3)–(7)).","Group apportionment rules: group earnings used and divided among leviable entities (items 3 and 5).","Transaction-reporting component uses both a per-report fixed amount and a tiny percentage of report value, with two rate bands depending on aggregate report value (item 6).","Anti-duplication rule for reports used across entities (item 6(3)) and special treatment for acquired entities and remittance affiliates (item 3 and 4(5)).","Reference to prior-period data (2018 calendar-year reports and previous financial year earnings) creates dependence on historical reporting and roll records maintained by AUSTRAC (items 3, 4 and 6).","Precision of numeric rates and small percentage multipliers increases operational and reconciliation burden for finance teams (items 5–6)."],"plain_english_summary":"This Determination sets the 2019–20 AUSTRAC industry contribution levy rules. It prescribes how each leviable entity’s instalment is calculated (an earnings component plus a transaction-reporting component), plus payment thresholds, caps and specific exemptions. It applies to entities defined under the Act (including ADIs, registered financial corporations, remittance affiliates and groups). Mechanically, earnings (PBTDA or EBITDA) and the value/count of 2018 transaction reports determine each fee; small earners, certain remittance-only affiliates, market generators and Commonwealth public corporations are exempt."}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2019-no-1/documents"}}