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Anti-Money Laundering and Counter-Terrorism Financing Rules 2025
Form 2—Extension noticeForm 2—Extension notice
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Form 2—Extension notice
KEEP OPEN NOTICE—EXTENSION NOTICE
Subsection 39B(7) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
Explanation of this notice
| 1 | This extension notice is issued pursuant to subsection 39B(7) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (AML/CTF Act). |
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| 2 | This extension notice extends the period that a keep open notice remains in force for a further period of 6 months. |
| 3 | This extension notice must be issued to the reporting entity to whom the keep open notice was issued before the expiry of the keep open notice. |
| 4 | A senior member of the agency of the kind listed in subsection 39B(3) of the AML/CTF Act reasonably believes that the continued provision of a designated service by the reporting entity to the customer(s) specified in the keep open notice would assist in the investigation by the agency of a serious offence. |
| 5 | Pursuant to subsection 39A(2) of the AML/CTF Act, the reporting entity continues to be exempt from section 26G, 28 or 30 of the AML/CTF Act in respect of the continued provision of a designated service to a customer specified in the keep open 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. |
| 6 | If the exemption referred to in paragraph 5 applies in relation to the continued 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 continued provision by the reporting entity of that designated service to the customer. |
| 7 | The AUSTRAC CEO has been sent a copy of this extension notice. |
| 8 | This extension notice does not compel the reporting entity to continue to provide a designated service to a customer specified in this extension notice. |
| 9 | A suspicious matter reporting obligation does not arise for a reporting entity in relation to a customer upon the receipt of this extension 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. |