4‑25 Cancellation of registration—other 4‑25 Cancellation of registration—other matters

4‑25 Cancellation of registration—other matters

For the purposes of paragraphs 75G(1)(c) and 76J(1)(c) of the Act, the following matters are specified: (a) whether the person, any of its key personnel or any associate of the person or its key personnel, has been charged or convicted of an offence against the Act, or of an offence against a law of the Commonwealth, a State or Territory or a foreign country of any of the following kinds: (i) money laundering; (ii) terrorism or financing of terrorism; (iii) proliferation financing; (iv) people smuggling; (v) fraud (including scams); (vi) a serious offence of any other kind; (b) whether the person or any of its key personnel has been found by a court to have contravened the Act, the regulations or the AML/CTF Rules; (c) whether the person or any of its key personnel has been the subject of civil or criminal proceedings, or a regulatory or disciplinary process in Australia or a foreign country that: (i) related to the management of an entity, or commercial or professional activity; and (ii) involved an adverse finding as to the competence, diligence, judgement, honesty or integrity of the person or the key personnel (as applicable); (d) whether the person is carrying on a business that involves providing registrable services; (e) whether the person continues to have the operational capability necessary to comply with the obligations imposed on the person by the Act, the regulations and the AML/CTF Rules; (f) whether the person and the person’s key personnel continue to have experience that is appropriate, having regard to the nature of the person’s business and the ML/TF risks of the person’s customers, in functions relevant to: (i) the person’s obligations under the Act; and (ii) providing registrable services; (g) whether any information given by the person, or if the registration is as a remittance affiliate of a registered remittance network provider, the provider, for the purposes of Part 6 or 6A of the Act in connection with that registration: (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the information is misleading in a material particular.