{"id":"F2025L00590","name":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2025 (No. 1)","slug":"australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106397,"registerId":"commonwealth-F2025L00590-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2025 (No. 1)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nAustralian Transaction Reports and Analysis Centre Industry Contribution Determination 2025 (No. 1)\n\nAustralian Transaction Reports and Analysis Centre Industry Contribution Act 2011\n\nI, the Hon Tony Burke MP, 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\n19 May 2025\n\n  \n\n1 Name of Determination\n\nThis Determination is the Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2025 (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 (Cth).\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 (Cth).\n\nacquired refers to coming into possession or control of a business or 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, for the 2024-25 financial year is 1 July 2024.\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 12-month accounting period ending between 1 June 2023 and 31 May 2024, 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 have differing annual accounting period end dates\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 2024.\n\nforeign company has the same meaning as in the Corporations Act 2001 (Cth).\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 2023:\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\nbut does not include a report that has a value of $1,000,000,000 or more where the transaction to which the report relates was not completed and was marked as such in the report.\n\nNational Electricity Rules means the Rules made under the National Electricity Law set out in the schedule titled ‘Schedule – National Electricity Law’ to the National Electricity (South Australia) Act 1996 (SA).\n\nprevious financial year means the financial year beginning on 1 July 2023.\n\nregistered financial corporation has the same meaning as registered entity in the Financial Sector (Collection of Data) Act 2001 (Cth).\n\nrelated bodies corporate has the same meaning as in the Corporations Act 2001 (Cth).\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 (Cth).\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\nMinimum Payment 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:\n\n(a) for a leviable entity that is not part of a group of leviable entities, the amount of the instalment of levy payable by the leviable entity for the financial year will not exceed $13,997,419.57; or\n\n(b) for leviable entities that are part of a group of leviable entities, the sum of all amounts of all instalments of levy payable by all leviable entities in the group for the financial year will not exceed $13,997,419.57.\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(6A) Where 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 part of a group of leviable entities:\n\n(a) the earnings of that entity shall not contribute to the total earnings of the group; and\n\n(b) the entity shall not be included in the number of leviable entities in the group;\n\nfor the purpose of calculating the amount of instalment of levy for any leviable entities in that group.\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 – 0.15 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 – 0.15 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 $6,000,000, 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 $6,000,000; 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 $6,000,000, divided by the number of leviable entities in the group.\n\n  \n\n6. Transaction reporting component\n\n(1) Subitem (2) has effect subject to subitems (3), (5) and (6).\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 2023 calendar year was less than $15 billion:\n\n| 1.4 cents for each leviable report | plus | 0.00038089 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 2023 calendar year was $15 billion or more:\n\n| 1.4 cents for each leviable report | plus | 0.00070412 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\nTransaction reporting component caps\n\n(5) If the total of the transaction reporting component calculated for a leviable entity under subitem (2)(a) is greater than $7,997,419.57, then the total transaction reporting component for the entity is $7,997,419.57.\n\n(6) If the total of the transaction reporting component calculated for a leviable entity under subitem (2)(b) is greater than $7,997,419.57, then the total transaction reporting component for the entity is $7,997,419.57.","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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination does not broaden the statutory scheme or add new classes of leviable entities beyond those defined in the Act and the AML/CTF Act. Mechanically it updates the calculation parameters for the 2024–25 financial year (census day, the accounting period to be used, percentage rates, per-report amounts, thresholds and numeric caps) and specifies some targeted treatments (for example, exclusion and nil payment for entities that are Market Generators and an explicit nil treatment for remittance-affiliate-only entities). Those are changes in measurement and allocation, not an expansion of the regime’s legal scope. (See items 3–6.)"},"complexity_factors":["Approximately 16–18 defined terms in item 3, several with multi-part sub-definitions (e.g. \"earnings\", \"leviable report\").","Two-component levy formula with different bases (earnings and transaction reporting) and separate thresholds and caps (items 4–6).","Nested conditional logic: different accounting measures for ADIs/registered financial corporations versus others (item 3); group treatment versus single-entity treatment (items 5(2), 4(4)).","Multiple numerical thresholds and caps (minimum nil threshold $1,100 item 4(3); earnings threshold $100,000,000 item 5(3); earnings cap $6,000,000 item 5(4); transaction cap $7,997,419.57 items 6(5)–(6); overall cap $13,997,419.57 item 4(4)).","Two-tier transaction percentage rates depending on whether 2023 total reported value is below or above $15 billion (item 6(2)(a)–(b)).","Rules controlling double-counting of reports across entities and treatment of affiliate and acquired-entity reports (item 6(3) and item 3 definition of \"leviable report\").","Special exemptions and exclusions (remittance-affiliate-only, Market Generators, Commonwealth public-purpose bodies) with accompanying group-exclusion treatment (items 4(5)–(7) and 4(6A)).","Cross-references to other statutes and AUSTRAC administrative records (AML/CTF Act, Corporations Act, National Electricity Rules, AUSTRAC CEO roll under s51C), increasing interpretive reliance on external instruments."],"plain_english_summary":"**What this Determination does (mechanics)\n\n- Sets how much each \"leviable entity\" must pay to fund AUSTRAC for the 2024–25 financial year by prescribing the formula and parameters used to calculate the instalment of levy under the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011 (the Act) (item 4).  It commences the day after registration (item 2). \n\n- The levy for each leviable entity is the sum of two parts: an \"earnings component\" and a \"transaction reporting component\" (item 4(2)).  Both parts have thresholds, caps and special rules for groups of related entities.\n\n- The \"earnings component\": 0.15% of earnings (with different accounting measures depending on the type of entity), subject to a floor (nil if earnings < $100 million) and a cap of $6,000,000 per entity (item 5).\n  - For authorised deposit-taking institutions (ADIs) and registered financial corporations the measure is profit before tax, depreciation and amortisation (PBTDA). For other leviable entities it is EBITDA (item 3 definition of \"earnings\").\n  - For groups of related leviable entities the total earnings are divided across the number of leviable entities in the group when allocating the earnings component (item 5(2)(b)).\n\n- The \"transaction reporting component\": a per-report charge plus a percentage of the value of each report (item 6).\n  - If an entity’s total reported transaction value in calendar 2023 was less than $15 billion: the charge is 1.4 cents per report plus 0.00038089 per cent of the value of each reported transaction (item 6(2)(a)).\n  - If total reported value in 2023 was $15 billion or more: the same per‑report 1.4 cents plus a higher percentage, 0.00070412 per cent of the value (item 6(2)(b)).\n  - The transaction reporting component is capped at $7,997,419.57 per entity (items 6(5)–(6)).\n  - A single leviable report cannot be charged to more than one leviable entity for this component (item 6(3)).  The term \"leviable report\" is defined to capture reports given to AUSTRAC in calendar 2023 under specified AML/CTF Act provisions, including certain affiliate and acquired-entity reports, with a specific exclusion for uncompleted reports of $1,000,000,000 or more (item 3).\n\n- Other unconditional limits and exemptions:\n  - Minimum threshold: if the calculated amount is less than $1,100, the instalment is nil (item 4(3)).\n  - Maximum payment amount: no entity (or group) pays more than $13,997,419.57 in total for the year (item 4(4)).\n  - Leviable entities that in the previous year only acted as \"remittance affiliates\" (and nothing else) pay nil (item 4(5)).\n  - Leviable entities that on the census day were a \"Market Generator\" under the National Electricity Rules pay nil; if part of a group their earnings and count are excluded for group calculations (items 4(6) and 4(6A)).\n  - Bodies corporate established for a public purpose by Commonwealth legislation pay nil (item 4(7)).\n\n- Some definitional and administrative details matter for calculation: the census day for 2024–25 is 1 July 2024; ‘‘earnings’’ for foreign companies/subsidiaries are limited to operations in Australia; group membership follows the Corporations Act definition of related bodies corporate (item 3).\n\n\nWho it affects\n\n- Financial institutions and other entities subject to AUSTRAC’s industry contribution regime (leviable entities): commonly ADIs, registered financial corporations, operators of certain designated services and other businesses that must report under the AML/CTF Act (see the definitions at item 3 and the cross-reference to the Act).\n- Entities that are part of corporate groups will be affected by group aggregation rules when the earnings component is allocated across members (item 5(2)(b)).\n- Some categories are explicitly excluded from payment (remittance affiliates-only, Market Generators, Commonwealth public-purpose bodies) (items 4(5)–(7)).\n\n\nWhy it matters (purpose claim and operational implications)\n\n- Purpose claim: the instrument allocates AUSTRAC’s budgeted costs across regulated entities by prescribing the formulas, thresholds and caps the Minister may use under the Act (preamble and item 4). \n\n- Costs and who pays:  the financial burden falls on the defined leviable entities through two channels — a revenue-linked charge (earnings component) and a reporting-activity-linked charge (transaction reporting component). Caps limit exposure for large payers; the minimum threshold excludes very small payers. (see items 4–6). \n\n- Incentives and behaviour effects to note:\n  - Reporting incentives: because the transaction component charges per-report and charges a small percentage of transaction value, the fee structure changes marginal cost of reporting activity only slightly but may affect how large single transactions are reported or how affiliates are structured. The Determination prevents double-charging of the same report across entities (item 6(3)).\n  - Corporate structuring and timing: acquisitions that occur before the census day may shift which entity’s reports or earnings count toward a payer’s calculation (item 3(c) definition of \"leviable report\" and the census day at item 3). Excluding \"Market Generators\" from group totals (item 4(6A)) also changes group-level exposure for groups containing electricity market generators.\n\n- Compliance and administrative burden:\n  - Entities must supply or authoritatively rely on earnings figures for an accounting period ending between 1 June 2023 and 31 May 2024, and must tally leviable reports given to AUSTRAC in calendar 2023 (item 3 definition of \"earnings\" and \"leviable report\").  This requires linking accounting data, AUSTRAC reporting records, and group membership information (item 5 and 6).\n  - The AUSTRAC CEO’s roll (section 51C of the AML/CTF Act) is the reference source for some elements; accurate roll entries and timely records are therefore important.\n\n- Distributional pattern:\n  - The instrument concentrates most payments on entities with high earnings and/or very large reporting volumes, subject to hard caps. Many small entities will pay nothing because of the earnings threshold or minimum payment floor.\n\n\nKey cross-references in the Determination\n\n- The Determination uses terms and reporting duties defined in the AML/CTF Act (referenced throughout, item 3) and group/company definitions from the Corporations Act (item 3). The AUSTRAC roll under s51C of the AML/CTF Act is the data source for earnings records (definition of \"earnings\").\n\n\nPractical immediate actions for affected entities\n\n- Identify whether you are a leviable entity for 2024–25 and which group (if any) you belong to under the Corporations Act definitions.\n- Confirm which accounting measure applies to you (PBTDA vs EBITDA) and locate the relevant 12‑month accounting period ending between 1 June 2023 and 31 May 2024 (item 3 definition of \"earnings\").\n- Reconcile your leviable reports given to AUSTRAC in calendar 2023 and their transaction values (item 3 definition of \"leviable report\" and item 6).\n- Check whether any of the explicit exemptions apply (remittance-affiliate-only, Market Generator, Commonwealth public-purpose body) (item 4(5)–(7)).\n\n(Referenced provisions: items 2–6 and item 3 definitions.)"},"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 was always designed to fund AUSTRAC through industry levies calculated based on earnings and reporting activity. The 2025 Determination updates the specific dollar thresholds, caps, and calculation methodology for the 2024-25 financial year, but does not expand the scope beyond the established framework of levying reporting entities under the AML/CTF regime."},"complexity_factors":["19 defined terms in section 3, many cross-referencing other Acts (AML/CTF Act, Corporations Act 2001, Financial Sector (Collection of Data) Act 2001)","Nested conditional logic with multiple calculation pathways: earnings component has 4 sub-clauses with thresholds and caps; transaction reporting component has 2 alternative formulas based on $15 billion threshold","Complex formula structure requiring aggregation of group entities, with special rules for foreign companies limiting calculations to Australian operations only","Multiple exemption categories (remittance affiliates, market generators, government bodies) with special treatment for group entities containing exempt members","Reference to external regulatory frameworks (National Electricity Rules) for exemption criteria","Anti-double-counting provision (subitem 6(3)) preventing duplicate use of affiliate reports across multiple entities","Specific accounting period references creating temporal complexity (12-month periods ending between 1 June 2023 and 31 May 2024, calendar year 2023 for reports)"],"plain_english_summary":"This bill creates a levy on businesses that must report transactions to AUSTRAC (banks, money remitters and other reporting entities) to fund the agency. Levies combine an earnings-based charge (exempt for small earners, capped) and a reporting-based fee tied to 2023 filings and transaction value (also capped), with minimum and maximum payment limits and specific exemptions for certain remittance agents, electricity generators and some government corporations.  \n\nIt spreads AUSTRAC’s costs across the sector based on size and reporting activity."}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1","history":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-industry-contribution-determination-2025-no-1/documents"}}