9‑12 Reports about moving monetary instr9‑12 Reports about moving monetary instruments into or out of Australia

9‑12 Reports about moving monetary instruments into or out of Australia

(1) If a person moves a monetary instrument into or out of Australia, a report under section 53 of the Act (reports about movements of monetary instruments into or out of Australia) must: (a) contain the information specified in subsection (2) (to the extent the information is known); and (b) be given in accordance with the applicable timing rule specified in subsection (3).

Note: The report must also be given in the approved form (see paragraph 53(7)(a) of the Act).

(2) For the purposes of paragraph (1)(a), the information is as follows: (a) if the person is an individual: (i) the person’s full name; and (ii) the person’s date and place of birth; and (iii) the country or countries of which the person is a citizen; and (iv) the person’s residential address; and (v) the person’s telephone number; and (vi) whether the person is an Australian resident; and (vii) if the person is bringing the monetary instrument into Australia and is not an Australian resident—the person’s address and telephone number while in Australia; and (viii) the person’s occupation, business or principal activity; and (ix) the person’s ABN (if any); (b) if the person is not an individual: (i) the person’s full name; and (ii) the person’s business or principal activity; and (iii) the address at which the person’s business or principal activity is conducted; and (iv) the person’s telephone number; and (v) the person’s ABN, ACN and ARBN (as applicable); (c) if the person is moving the monetary instrument on behalf of another person (the other person)—the following details of the other person: (i) if the other person is an individual—the details mentioned in subparagraphs (a)(i), (iv), (v), (viii) and (ix); (ii) if the other person is not an individual—the details mentioned in subparagraphs (b)(i) to (v); (d) if the person is delivering the monetary instrument to another person (the other person)—the following details of the other person: (i) if the other person is an individual—the details mentioned in subparagraphs (a)(i), (iv), (v), (viii) and (ix); (ii) if the other person is not an individual—the details mentioned in subparagraphs (b)(i) to (v); (e) whether the monetary instrument is being moved into or out of Australia; (f) the kind of monetary instrument being moved into or out of Australia; (g) the monetary instrument amount being moved into or out of Australia; (h) the currency of the monetary instrument being moved into or out of Australia; (i) if the monetary instrument is a bearer negotiable instrument: (i) the issuer or drawer of the monetary instrument; and (ii) the payee, favouree or beneficiary of the monetary instrument; and (iii) the full name of the bearer of the monetary instrument; and (iv) the city and country of issue of the monetary instrument; and (v) any reference numbers of the monetary instrument; (j) if the person is an individual and is bringing the monetary instrument into Australia or taking the instrument out of Australia: (i) whether the person is travelling into or out of Australia; and (ii) the town or city at which the person is entering or leaving Australia; and (iii) the person’s date of arrival in or departure from Australia; and (iv) the number and country of issue of the passport on which the person is travelling; and (v) where practicable—the number of each other passport held by the person and the country of issue for each passport; and (vi) the number of the flight or name of the vessel on which the person is bringing in or taking out the instrument; and (vii) if the person is taking the monetary instrument out of Australia—the city and country to which the monetary instrument is being taken; and (viii) if the person is bringing the monetary instrument into Australia—the city and country from which the monetary instrument is being brought; (k) if the monetary instrument is being sent into or out of Australia: (i) the means by which the monetary instrument is being sent; and (ii) the full name, address and telephone number of the individual or service provider carrying the monetary instrument into or out of Australia; and (iii) if the monetary instrument is to be shipped—the name of the vessel on which it is to be shipped; and (iv) the city and country from which the monetary instrument is being sent; and (v) the city and country to which the monetary instrument is being sent; and (vi) the date the monetary instrument is being sent; (l) if the monetary instrument is being sent into or out of Australia—the following details of the person to whom the monetary instrument is being sent: (i) the person’s full name; (ii) the person’s telephone number; (iii) if the person is an individual—the person’s residential address; (iv) if the person is not an individual—the address at which the person’s business or principal activity is conducted; (v) if the person is not an individual—the person’s ABN, ACN and ARBN (as applicable); (m) a declaration that the information provided in the approved form is true and correct. (3) For the purposes of paragraph (1)(b): (a) if the person moves a monetary instrument into Australia by bringing the instrument into Australia—the report must be given: (i) no later than when the person reaches the place at which customs officers examine baggage; or (ii) if there is no such place, at the first opportunity that the person has to give the report after arrival in Australia; and (b) if the person moves a monetary instrument into Australia by sending the instrument into Australia—the report must be given before the movement of the instrument takes place; and (c) if the person moves a monetary instrument out of Australia by taking the instrument out of Australia—the report must be given: (i) no later than when the person reaches the customs officer who is to examine the person’s passport in relation to the person leaving Australia; or (ii) if there is no such examination, at any time before the last opportunity that the person has to give the report before leaving Australia; and (d) if the person (the first person) moves a monetary instrument out of Australia by sending the instrument out of Australia by consignment, either through the post to a place outside Australia or to another person for carriage to a place outside Australia—the report must be given before the time when the instrument is irrevocably committed by the first person to a postal service or to the other person (as the case may be).