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Anti-Money Laundering and Counter-Terrorism Financing Rules 2025
Form 1—Keep open noticeForm 1—Keep open notice
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Form 1—Keep open notice
KEEP OPEN NOTICE
Subsection 39B(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
Explanation of this notice
| 1 | This keep open notice (Notice) is issued pursuant to subsection 39B(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (AML/CTF Act). |
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| 2 | A senior member of an agency of the kind listed in subsection 39B(3) of the AML/CTF Act reasonably believes that the provision of a designated service by the reporting entity to whom this Notice is issued to the customer(s) specified in this Notice would assist in the investigation by the agency of a serious offence. |
| 3 | Pursuant to subsection 39A(2) of the AML/CTF Act, the reporting entity is exempt from section 26G, 28 or 30 of the AML/CTF Act in respect of the provision of a designated service to a customer specified in this Notice to the extent that the reporting entity reasonably believes that compliance with that section would or could reasonably be expected to alert the customer to the existence of a criminal investigation. |
| 4 | If the exemption referred to in paragraph 3 applies in relation to the provision by the reporting entity of a designated service to the customer, section 139 of the AML/CTF Act (providing a designated service using a false customer name or customer anonymity) does not apply in relation to the provision by the reporting entity of that designated service to the customer. |
| 5 | This Notice remains in force for the period starting on the commencement date specified in this Notice (Commencement Date) and ending on the earlier of the following:(a) the day that is 6 months after the Commencement Date;(b) the day that the agency that issued the Notice notifies the reporting entity and the AUSTRAC CEO that the relevant investigation has ended. |
| 6 | The AUSTRAC CEO has been sent a copy of this Notice. |
| 7 | This Notice does not compel a reporting entity to provide a designated service to the customer specified in this Notice. |
| 8 | A suspicious matter reporting obligation does not arise for a reporting entity in relation to a customer upon the receipt of this Notice. However, a suspicious matter reporting obligation may otherwise arise for the reporting entity in relation to the customer in accordance with section 41 of the AML/CTF Act. |