{"id":"C2011A00056","name":"Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) Act 2011","slug":"australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"56 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8205,"registerId":"commonwealth-C2011A00056-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy (Consequential Amendments) 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 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2011

2. Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 November 2011

(see F2011L02035)

3. Schedule 2, Part 1

The later of:

(a) the commencement of item 31 of Schedule 1 to the Combating the Financing of People Smuggling and Other Measures Act 2011; and

(b) immediately after the commencement of the provision(s) covered by table item 2.

However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.

1 November 2011

4. Schedule 2, Part 2

Immediately after the commencement of the provision(s) covered by table item 2.

1 November 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 Note: This table relates only to the provisions of this Act as originally enacted.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":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Review of operation of AUSTRAC cost recovery levy","content":"#### 4 Review of operation of AUSTRAC cost recovery levy\n\n (1) The Minister must cause an independent review of the operation of the levy imposed by the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011 to be undertaken as soon as possible after the second anniversary of the commencement of section 3 of that Act.\n (2) The person who undertakes the review must give the Minister a written report of the review within 6 months after the second anniversary of the commencement of section 3 of the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011.\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 (1) must include but is not limited to:\n (a) a review of the levy calculation methodology; and\n (b) consultation with industry participants including small and micro businesses about the impact of the levy and the costs of complying with the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011.","sortOrder":3},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Reporting Entities Roll","content":"## Part 3A—Reporting Entities Roll","sortOrder":4},{"sectionNumber":"51A","sectionType":"section","heading":"Simplified outline","content":"#### 51A Simplified outline\n\n The following is a simplified outline of this Part:\n\n• Providers of designated services must be entered on the Reporting Entities Roll.","sortOrder":5},{"sectionNumber":"51B","sectionType":"section","heading":"Reporting entities must enrol","content":"#### 51B Reporting entities must enrol\n\n (1) If a person’s name is not entered on the Reporting Entities Roll, the person must:\n (a) if the person provided a designated service during the period of 28 days before the commencement of this section—apply in writing to the AUSTRAC CEO under subsection 51E(1) within 28 days after the commencement of this section; or\n (b) if the person commences to provide a designated service after the commencement of this section—apply in writing to the AUSTRAC CEO under subsection 51E(1) within 28 days after commencing to provide the designated service.\n (2) Subsection (1) does not apply if the person:\n (a) has applied under subsection 51E(1) in relation to the provision of another designated service; and\n (b) has not since requested under section 51G that the AUSTRAC CEO remove the person’s name and enrolment details from the Reporting Entities Roll.\n Civil penalty\n (3) Subsection (1) is a civil penalty provision.","sortOrder":6},{"sectionNumber":"51C","sectionType":"section","heading":"Reporting Entities Roll","content":"#### 51C Reporting Entities Roll\n\n (1) The AUSTRAC CEO must maintain a roll for the purposes of this Part, to be known as the Reporting Entities Roll.\n (2) The AUSTRAC CEO may maintain the Reporting Entities Roll by electronic means.\n (3) The Reporting Entities Roll is not a legislative instrument.\n (4) The AML/CTF Rules may make provision for and in relation to either or both of the following:\n (a) the correction of entries in the Reporting Entities Roll;\n (b) any other matter relating to the administration or operation of the Reporting Entities Roll, including the removal of names and enrolment details from the Reporting Entities Roll.","sortOrder":7},{"sectionNumber":"51D","sectionType":"section","heading":"Enrolment","content":"#### 51D Enrolment\n\n If a person applies to the AUSTRAC CEO under subsection 51E(1) and the person’s name is not already entered on the Reporting Entities Roll, the AUSTRAC CEO must enter on the Reporting Entities Roll:\n (a) the person’s name; and\n (b) the person’s enrolment details.","sortOrder":8},{"sectionNumber":"51E","sectionType":"section","heading":"Applications for enrolment","content":"#### 51E Applications for enrolment\n\n (1) A person may apply in writing to the AUSTRAC CEO for enrolment as a reporting entity.\n (2) The application must:\n (a) be in accordance with the approved form, or in a manner specified in the AML/CTF Rules; and\n (b) contain the information required by the AML/CTF Rules.","sortOrder":9},{"sectionNumber":"51F","sectionType":"section","heading":"Enrolled persons to advise of change in enrolment details","content":"#### 51F Enrolled persons to advise of change in enrolment details\n\n (1) A person who is enrolled under this Part must advise the AUSTRAC CEO, in accordance with subsection (2), of any change in the person’s enrolment details that is of a kind specified in the AML/CTF Rules.\n (2) A person who is required by subsection (1) to advise the AUSTRAC CEO of a change in enrolment details must do so:\n (a) within 14 days of the change arising; and\n (b) in accordance with the approved form, or in a manner specified in the AML/CTF Rules.\n Civil penalty\n (3) Subsection (1) is a civil penalty provision.","sortOrder":10},{"sectionNumber":"51G","sectionType":"section","heading":"Removal of entries from the Reporting Entities Roll","content":"#### 51G Removal of entries from the Reporting Entities Roll\n\n (1) A person may, in writing, request the AUSTRAC CEO to remove the person’s name and enrolment details from the Reporting Entities Roll.\n (2) The request must:\n (a) be in the approved form; and\n (b) contain the information required by the AML/CTF Rules.\n (3) The AUSTRAC CEO must consider the request and remove the person’s name and enrolment details from the Reporting Entities Roll if the AUSTRAC CEO is satisfied that it is appropriate to do so, having regard to:\n (a) whether the person has ceased to provide designated services; and\n (b) the likelihood of the person providing a designated service in the financial year beginning after the request is given; and\n (c) any outstanding obligations the person has (if any) to provide a report under any of the following provisions:\n (i) section 43 (threshold transaction reports);\n (ii) section 45 (international funds transfer instruction reports);\n (iii) section 47 (AML/CTF compliance reports).\n\n \n\nSchedule 2—Infringement notice provisions\n\nPart 1—Amendments\n\nAnti‑Money Laundering and Counter‑Terrorism Financing Act 2006\n\n1 Before paragraph 184(1A)(a)\n\nInsert:\n\n (aaa) subsection 51B(1) (which deals with the requirement for reporting entities to enrol on the Reporting Entities Roll);\n (aa) subsection 51F(1) (which deals with reporting entities notifying changes of their enrolment details);\n\n2 Subsection 186A(1)\n\nBefore “by a body corporate”, insert “or subsection 51B(1) or 51F(1) (a Part 3A infringement notice provision)”.\n\nNote: The heading to section 186A is altered by adding at the end “or Part 3A”.\n\n3 Subsection 186A(2)\n\nAfter “Part 6 infringement notice provision”, insert “or a Part 3A infringement notice provision”.\n\n4 Paragraphs 186A(3)(a) and (4)(a)\n\nAfter “Part 6 infringement notice provision”, insert “or a Part 3A infringement notice provision”.\n\n5 Paragraph 186A(4)(b)\n\nAfter “Part 6 infringement notice provisions”, insert “or Part 3A infringement notice provisions”.\n\n6 Paragraph 186A(4)(b)\n\nAfter “Part 6 infringement notice provision”, insert “or a Part 3A infringement notice provision”.\n\n \n\nPart 2—Transitional provision\n\n7 Transitional\n\n(1) If this item commences before the commencement of Part 1 of this Schedule, Division 3 of Part 15 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 applies with the modifications set out in this item for the period:\n\n (a) beginning immediately after the commencement of this item; and\n (b) ending just before the commencement of Part 1 of this Schedule.\n\n(2) Treat a reference in that Division to “subsection 53(3) or 59(4)” as a reference to “subsection 51B(1), 51F(1), 53(3) or 59(4)”.\n\n(3) Assume the following subsection was added at the end of section 185 of that Act:\n\n (2) An infringement notice may specify more than one alleged contravention of one or more of the provisions referred to in subsection 184(1). If it does so, the infringement notice must set out the details referred to in paragraph (1)(c) in relation to each alleged contravention.\n\n(4) Assume that the following section was inserted after section 186 of that Act:","sortOrder":11},{"sectionNumber":"186A","sectionType":"section","heading":"Amount of penalty—breaches of certain provisions of Part 3A","content":"#### 186A Amount of penalty—breaches of certain provisions of Part 3A\n\n The penalty to be specified in an infringement notice for an alleged contravention of subsection 51B(1) or 51F(1) must be:\n (a) for an alleged contravention by a body corporate—a pecuniary penalty equal to 60 penalty units; and\n (b) for an alleged contravention by a person other than a body corporate—12 penalty units.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act stays firmly within its stated purpose: creating a registration roll for reporting entities and establishing the infringement notice framework to support the AUSTRAC cost recovery levy. The mandatory review requirement and small business consultation obligation are consistent with responsible implementation of a new industry levy rather than an expansion of scope."},"complexity_factors":["Multiple staggered commencement dates with conditional triggers dependent on other legislation (Combating the Financing of People Smuggling and Other Measures Act 2011)","Consequential amendments to existing legislation (Anti-Money Laundering and Counter-Terrorism Financing Act 2006) requiring cross-referencing to understand full effect","Transitional provisions that temporarily modify how existing law operates during a gap period between commencement dates","References to external regulatory instruments (AML/CTF Rules, approved forms) that are not contained in the Act itself","Technical legal drafting inserting new Part 3A provisions into existing legislation, requiring knowledge of the parent Act to fully interpret","Civil penalty provisions governed by a separate penalty unit framework requiring external reference to calculate actual dollar amounts"],"plain_english_summary":"This Act implements administrative changes to support AUSTRAC’s new levy system by making businesses that provide “designated services” (reporting entities like banks, remitters, casinos, advisers) legally required to register on a Reporting Entities Roll, keep details up to date, and seek removal when they stop providing services. Non‑compliance attracts infringement fines. The law also mandates an independent review of the levy’s operation after two years, including consultation with affected businesses."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act does not alter substantive definitions of designated services or reporting obligations; it creates an administrative enrolment regime, notification duties, infringement/penalty processes and a statutory review of the AUSTRAC levy. The changes are procedural and enforcement‑focused (ss 51A–51G; Sch 2; s 4) rather than expanding the scope of who is a reporting entity or the foundational AML/CTF offences."},"complexity_factors":["Introduces a new administrative regime (Reporting Entities Roll) with enrolment, update and removal mechanics (ss 51B–51G).","Interplay with AML/CTF Rules for forms, required information and timeframes—delegation of detail to subordinate instrument (ss 51E, 51F, 51C(4)).","Civil penalty designations for enrolment and notification failures, and parallel infringement‑notice scheme with fixed penalty unit amounts (s 51B(3); Sch 2, item 186A).","AUSTRAC CEO discretion to remove entries subject to multiple factual considerations (s 51G(3)), creating administrative decision‑making and appeal/uncertainty risks.","Transitional provisions changing application timing and references to existing infringement notice machinery (Sch 2 Part 2).","Mandatory independent review of the AUSTRAC levy with strict timing and tabling requirements, imposing evaluation and consultation obligations on government (s 4)."],"plain_english_summary":"This Act amends the AML/CTF framework to create a new Reporting Entities Roll: providers of designated services must enrol, update enrolment details, or request removal, and AUSTRAC’s CEO maintains the roll. It adds civil penalty and infringement‑notice pathways (with set penalty amounts) and requires an independent review of AUSTRAC’s supervisory cost recovery levy after two years. It matters to businesses that provide designated services because it creates fixed enrolment and notification duties, potential penalties, and administrative interaction with AUSTRAC (see ss 51B–51G, Sch 2, s 4)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: consequential amendments to support the AUSTRAC cost recovery levy and establish the Reporting Entities Roll. The review mechanism in section 4, enrolment system in Part 3A, and infringement notice amendments in Schedule 2 all directly serve the core function of implementing cost recovery for AUSTRAC supervision. There is no significant scope creep beyond this original intent."},"complexity_factors":["Multiple commencement dates with conditional triggers (4 different commencement scenarios, including one dependent on another Act)","Cross-references to external legislation including the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006","Nested conditional logic in section 51B(1) with two alternative timing scenarios and an exception in subsection (2)","Delegated legislative power to AML/CTF Rules for operational details (3 instances: sections 51C(4), 51E(2), 51F(2))","Transitional provisions with hypothetical amendments (Schedule 2, Part 2, item 7) that assume modifications to another Act","Multiple penalty frameworks: civil penalty provisions vs infringement notice provisions with different penalty units for bodies corporate vs individuals"],"plain_english_summary":"This legislation makes technical changes to support a new system where financial businesses and other entities that must report suspicious transactions to AUSTRAC (Australia's financial intelligence agency) now have to pay a levy to cover the costs of being supervised. It also creates a formal enrolment system called the 'Reporting Entities Roll' — essentially a register that businesses must sign up to if they provide certain financial services.\n\n**Key things this Act does:**\n\n- **Sets up a review mechanism**: Requires the Minister to commission an independent review of the AUSTRAC cost recovery levy after it has been running for two years, including consultation with small businesses about compliance costs.\n\n- **Creates the Reporting Entities Roll**: Establishes a mandatory registration system where businesses providing 'designated services' (such as banks, money transfer services, and casinos) must enrol with AUSTRAC within 28 days of starting operations. They must also keep their details up to date.\n\n- **Adds penalties for non-compliance**: Makes it a civil penalty offence to fail to enrol or to fail to notify AUSTRAC of changes to enrolment details. These can be enforced through infringement notices (on-the-spot fines).\n\n- **Makes consequential amendments**: Updates the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to include the new enrolment requirements in the infringement notice scheme, with specific penalty amounts (60 penalty units for corporations, 12 for individuals).\n\n**Who it affects:**\n- Financial service providers, money remitters, casinos, and other 'reporting entities' regulated under anti-money laundering laws\n- Small and micro businesses in these sectors, who are specifically mentioned in the review requirements\n- AUSTRAC, which maintains the roll and collects the levy\n\n**Why it matters:**\nThis is part of a broader shift to make the financial sector pay for its own regulatory supervision rather than funding it entirely from general taxation. The enrolment system gives AUSTRAC better visibility of who it regulates, while the review mechanism provides accountability for whether the levy is fair, especially for smaller businesses."}},"importantCases":[],"_links":{"self":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen","history":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen/history","analysis":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen/analysis","conflicts":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen/conflicts","importantCases":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen/important-cases","documents":"/api/acts/australian-transaction-reports-and-analysis-centre-supervisory-cost-recovery-levy-consequential-amen/documents"}}