74Unregistered persons must not provide certain remittance services

#### 74 Unregistered persons must not provide certain remittance services Registrable remittance network services (1) A person (the first person) must not provide a registrable remittance network service to another person if: (a) the first person is not a registered remittance network provider; or (b) the first person is a registered remittance network provider, but the person to whom the service is provided is not a registered remittance affiliate of the first person. Registrable remittance services—independents (1A) A person must not provide a registrable remittance service if: (a) the person provides the service other than as part of a remittance network operated by a registered remittance network provider; and (b) the person is not a registered independent remittance dealer. Registrable remittance services—affiliates (1B) A person must not provide a registrable remittance service if: (a) the person provides the service as part of a remittance network operated by a registered remittance network provider; and (b) the person is not a registered remittance affiliate of the registered remittance network provider. Breach of conditions (1C) A person must not breach a condition to which the registration of the person as any of the following is subject: (a) a remittance network provider; (b) an independent remittance dealer; (c) a remittance affiliate of a registered remittance network provider. Offences (2) A person commits an offence if: (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement. Penalty: Imprisonment for 2 years or 500 penalty units, or both. (3) Strict liability applies to paragraphs (2)(b) and (c). > Note: For strict liability, see section 6.1 of the Criminal Code. (4) A person commits an offence if: (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement; and (d) the AUSTRAC CEO previously: (i) gave the person a direction under subsection 191(2) in relation to subsection (1), (1A), (1B) or (1C) of this section; or (ii) accepted an undertaking given by the person under section 197 in relation to subsection (1), (1A), (1B) or (1C) of this section; and (e) that was the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person. Penalty: Imprisonment for 4 years or 1,000 penalty units, or both. (5) Strict liability applies to paragraphs (4)(b) and (c). > Note: For strict liability, see section 6.1 of the Criminal Code. (6) A person commits an offence if: (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement; and (d) the AUSTRAC CEO previously: (i) gave the person a direction under subsection 191(2) in relation to subsection (1), (1A), (1B) or (1C) of this section; or (ii) accepted an undertaking given by the person under section 197 in relation to subsection (1), (1A), (1B) or (1C) of this section; and (e) that was not the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person. Penalty: Imprisonment for 7 years or 2,000 penalty units, or both. (7) Strict liability applies to paragraphs (6)(b) and (c). > Note: For strict liability, see section 6.1 of the Criminal Code. (8) A person commits an offence if: (a) the person is subject to a requirement under subsection (1), (1A), (1B) or (1C); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement; and (d) either: (i) the person had previously been convicted of an offence against subsection (2), (4) or (6), and that conviction has not been set aside or quashed; or (ii) an order had previously been made against the person under section 19B of the Crimes Act 1914 in respect of an offence against subsection (2), (4) or (6), and that order has not been set aside. Penalty: Imprisonment for 7 years or 2,000 penalty units, or both. (9) Strict liability applies to paragraphs (8)(b) and (c). > Note: For strict liability, see section 6.1 of the Criminal Code. Civil penalty (10) Subsections (1), (1A), (1B) and (1C) are civil penalty provisions.