Note: Expressions used in this instrument have the same meaning as in the Act (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
ARBN has the meaning given by section 9 of the Corporations Act 2001.
ARSN has the meaning given by section 9 of the Corporations Act 2001.
Attorney‑General’s Department means the Department administered by the Attorney‑General.
BECS means the Bulk Electronic Clearing System administered by the Australian Payments Network.
BPAY means the electronic bill payment system known as BPAY.
card number includes a tokenised reference that allows the issuer of a credit card, debit card or stored value card to trace a payment to a payer’s card.
co‑operative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a co‑operative.
corporate group means a group of 2 or more bodies corporate, where each member of the group is a related body corporate of each other member of the group.
Defence Department means the Department administered by the Minister responsible for administering the Defence Act 1903.
DEFT (short for “Direct Electronic Funds Transfer”) means the electronic bill payment system known as DEFT.
director identification number has the meaning given by section 9 of the Corporations Act 2001.
domestic transfer of value: a transfer of value is a domestic transfer of value if the value to be transferred is in Australia and, as a result of the transfer, the value will be in Australia.
Note: See section 8‑9 for the circumstances in which the value is in a country.
earnings has the meaning given by subsection 3‑4(1).
eligible officer has the meaning given by section 1272B of the Corporations Act 2001.
Foreign Affairs Department means the Department administered by the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967.
foreign company has the same meaning as in the Corporations Act 2001.
Home Affairs Department means the Department administered by the Minister responsible for administering the Australian Border Force Act 2015.
independent evaluation report has the meaning given by paragraph 5‑10(2)(e).
key personnel of a person means each individual who is any of the following:
(a) either:
(i) for a person who is an individual—the individual; or
(ii) otherwise—the individual, or an individual in the group of individuals, with primary responsibility for the governance and executive decisions of the person;
(b) for a person other than an individual—a beneficial owner of the person;
(c) an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the person;
(d) an AML/CTF compliance officer of the person.
Note: For a person who is a reporting entity:
(a) paragraph (a) covers the reporting entity’s governing body (defined in section 5 of the Act); and
(b) paragraph (c) covers a senior manager (defined in section 5 of the Act) of the reporting entity.
leviable entity has the same meaning as in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.
merchant payment: a transfer of value is a merchant payment if:
(a) the value transferred is money; and
(b) the money is transferred to the payee in the payee’s capacity as a merchant; and
(c) the transfer occurs as a result of the use of any of the following:
(i) a credit card;
(ii) a debit card;
(iii) a stored value card; and
(d) the ordering institution issued that card to the payer; and
(e) the beneficiary institution initiates the transfer by sending the payer’s instruction for the transfer to the ordering institution; and
(f) the beneficiary institution pays, or accepts liability to pay, the payee (either directly or through another person).
passport has the same meaning as in the Migration Act 1958.
payable‑through accounts has the meaning given by paragraph 7‑1(3)(g).
payer information, in relation to a transfer of value, means both of the following:
(a) the payer’s full name;
(b) information that is one or more of the following:
(i) a unique customer identification number given to the payer by the ordering institution;
(ii) a unique identifier for the payer;
(iii) if the payer is an individual—the payer’s date and place of birth;
(iv) the payer’s full business or residential address (not being a post box).
registered financial sector entity means an entity that is a registered entity within the meaning of the Financial Sector (Collection of Data) Act 2001.
registrable services means:
(a) in relation to registration or proposed registration of a person under Part 6 of the Act as a remittance network provider—registrable remittance network services; or
(b) in relation to registration or proposed registration of a person under Part 6 of the Act as an independent remittance dealer or a remittance affiliate of a registered remittance network provider—registrable remittance services; or
(c) in relation to registration or proposed registration of a person under Part 6A of the Act as a virtual asset service provider—registrable virtual asset services.
related body corporate has the same meaning as in the Corporations Act 2001.
South Australian Electricity Legislation has the same meaning as in the Competition and Consumer Act 2010.
super‑agent has the meaning given by subsection 4‑13(2).
tracing information, in relation to a transfer of value, means information that satisfies both of the following:
(a) the information:
(i) for a transfer from an account held by the payer with the ordering institution—enables the ordering institution to identify the account; or
(ii) for a transfer of a virtual asset from a custodial wallet—enables the ordering institution to identify the payer’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or
(iii) for a transfer of a virtual asset from a self‑hosted virtual asset wallet—provides the address of the wallet; or
(iv) in any other case—provides a unique transaction reference number for the transfer of value;
(b) the information:
(i) for a transfer in circumstances where the value is to be made available to the payee by depositing it into an account held by the payee—enables the beneficiary institution to identify the account; or
(ii) for a transfer of a virtual asset in circumstances where the asset is to be made available to the payee by transferring it to a custodial wallet—enables the beneficiary institution to identify the payee’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or
(iii) for a transfer of a virtual asset in circumstances where the value is to be made available to the payee by transferring it to a self‑hosted virtual asset wallet—provides the address of the wallet; or
(iv) in any other case—provides a unique transaction reference number for the transfer of value.
Note: An example of information to which subparagraphs (a)(i) and (b)(i) apply is a combination of a BSB and account number.
ultimate parent of a remitter, virtual asset service provider or financial institution means a body corporate that:
(a) controls the remitter, virtual asset service provider or financial institution; and
(b) is not itself controlled by another body corporate.
Note: For the meaning of control, see section 11 of the Act.
unique identifier for a person means:
(a) a unique identifier given to the person by an Australian government body (other than the person’s tax file number within the meaning of section 202A of the Income Tax Assessment Act 1936); or
(b) a unique identifier given to the person by a government body of a foreign country (together with information identifying the body); or
(c) a legal entity identifier given to the person by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); or
(d) a connected business identifier code given to the person by the Society for Worldwide Interbank Financial Telecommunication.
unique transaction reference number, in relation to a transfer of value, means information to which both of the following paragraphs apply:
(a) the information is a combination of any or all of the following:
(i) letters;
(ii) digits;
(iii) characters;
(iv) symbols;
(b) the information distinguishes the transfer of value in a way that, either alone or in conjunction with any other information in the transfer message for the transfer of value, enables the ordering institution to associate the transfer of value with the payer, and the beneficiary institution to associate the transfer of value with the payee.