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The Australian AML/CTF regime
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Overview: Chronology

Chronology of anti-money laundering and counter-terrorist financing legislation in Australia.

2007

 

31 July

AUSTRAC has finalised its Draft Guidance Notes on Correspondent Banking, Exemptions and Modifications under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Register of Providers of Designated Remittance Services. The Guidance Notes can be found on AUSTRAC's wesite.

12 July

Draft Rules relating to certain threshold amounts in respect of certain designated services (items 17, 25, 26 and 50 in table 1 of section 6 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)) were released by AUSTRAC for public consultation ending 19 July 2007. The Draft Rules can be found on AUSTRAC's website.

5 July

Draft Rules on ongoing customer due diligence were released by AUSTRAC for public consultation ending 19 July 2007. The Draft Rules can be found on AUSTRAC's website.

4 July

A Draft Guidance Note providing general information as to when an account has been opened for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) was released by AUSTRAC for public consultation ending 18 July 2007. The Draft Guidance Note can be found on AUSTRAC's website.

4 July

A Draft Guidance Note providing general information about risk management frameworks and legislative requirements relating to AML/CTF programs was released by AUSTRAC for public consultation ending 18 July 2007. The Draft Guidance Note can be found on AUSTRAC's website.

28 June

AML/CTF Rules relating to compliance reports and specifying the reporting and lodgement periods for such reports were made by the AUSTRAC CEO on 22 June 2007 and registered on 28 June 2007. The Rules can be found on AUSTRAC's website.

12 June

Correspondent banking obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) came into force. See Austrac's media release for more information.

4 June

A Draft Guidance Note on Correspondent Banking was released by AUSTRAC for public consultation ending 18 June 2007. The Draft Guidance Note can be found on AUSTRAC's website.

29 May

Draft Rules on the definition of an 'approved third-party bill payment system' under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) were released by AUSTRAC for public consultation ending 12 June 2007. The Draft Rules can be found on AUSTRAC's website.

29 May

Draft Rules on Electronic Funds Transfer Instructions were released by AUSTRAC for public consultation ending 12 June 2007. The Draft Rules can be found on AUSTRAC's website.

29 May

A Draft Guidance Note on Designated Business Groups was released by AUSTRAC for public consultation, ending 12 June 2007. The Draft Guidance Note can be found on AUSTRAC's website.

25 May

A Draft Guidance Note on Exemptions and Modifications under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) was released by AUSTRAC for public consultation, ending 7 June 2007. The Draft Guidance Note can be found at AUSTRAC's website.

25 May

Five regulatory policies setting out AUSTRAC's approach to education, monitoring, exemptions, enforcement and supervisory framework were released. The policies can be found on AUSTRAC's website.

23 May

A Self Assessment Questionnaire to help reporting entities comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and 'track their progress' towards compliance was released by AUSTRAC. Details of the Questionnaire can be found on AUSTRAC's website.

18 May

A draft Guidance Note on the Register of Providers of Designated Remittance Services was released by AUSTRAC for public consultation ending 31 May 2007. (See Client update: Anti-money Laundering - 22 May 2007).

15 May

Draft AML/CTF Rules relating to the first compliance reporting period under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) were released by AUSTRAC for public consultation ending 29 May 2007. (See Client update: Anti-money Laundering - 21 May 2007).

13 April

AML/CTF Rules relating to the 'designated business group' definition, correspondent banking, customer identification, AML/CTF programs, gambling services and paragraph (e) of the definition of 'correspondent banking relationship' in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) were registered. (See Focus: Anti-money Laundering - May 2007).

12 April

The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007 (Cth), which amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, received Royal Assent. (See Client update: Anti-money Laundering - February 2007 and Focus: Anti-money Laundering - May 2007).

31 January

Minister for Justice and Customs issued Policy (Civil Penalty Orders) Principles 2006 confirming AUSTRAC will only apply for civil penalty orders against reporting entities in the 15 month period after each stage of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) takes effect, if the AUSTRAC CEO is satisfied that the reporting entity has failed to take reasonable steps to comply. (See Client update: Anti-money Laundering - February 2007).

2006

 

20 December

AML/CTF Rules relating to movements of bearer negotiable instruments, movements of physical currency into or out of Australia, receipts of physical currency from outside Australia and register of providers of designated remittance services were registered.

13 December

The first phase of the substantive provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006 came into force. For more, see Focus publications of 8 December 2006 and 14 December 2006.

12 December

The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006 received Royal Assent.

7 December

The Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006 received their third reading in the Senate and were passed without amendment. The Bills will come into effect on Royal Assent.

28 November

The Senate Standing Committee on Legal and Constitutional Affairs released its Report on the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006.

17 November

APEC Ministers endorsed Australia's proposal to conduct two counter-terrorism financing workshops in 2007 for officials from APEC economies.

17 November

AAR made a submission to the Senate Legal and Constitutional Affairs Committee on the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006.

9 November

The Financial Transaction Reports Amendment Act 2006 received Royal Assent.

1 November

The Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006 were introduced into the House of Representatives and received their second reading.

4 August

The public consultation process conducted by the Attorney-General's Department and AUSTRAC expired. AAR made submissions to the Attorney-General's Department and AUSTRAC.

1 August

The Senate Legal and Constitutional Legislation Committee released its Report on the Financial Transaction Reports Amendment Bill 2006.

13 July

Senator Ellison released the revised draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and a package of draft AML/CTF Rules. The Bill is subject to a public consultation period conducted by the Attorney-General's Department and AUSTRAC, due to expire on 04 August 2006. For more, see Focus publications of 27 July and 3 August 2006. Senator

10 July

AAR made submissions to the Senate Legal and Constitutional Legislation Committee on the Financial Transaction Reports Amendment Bill 2006.

21 June

The Financial Transaction Reports Amendment Bill 2006 was introduced into the Senate. The Bill proposes to amend Division 3A of the Financial Transaction Reports Act 1988 (Cth) which comes into force on 14 December 2006.

The Senate referred the Bill to the Senate Legal and Constitutional Legislation Committee for inquiry and report by 01 August 2006. Submissions were called for by 10 July 2006.

13 April

The initial public consultation process on the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 conducted by the Attorney-General's Department expired. AAR made submissions to the Attorney-General's Department.

The Senate Legal and Constitutional Legislation Committee released its Report on the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005.

7 April

Senator Ellison announced the Government's intention to release a revised draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 and complete package of Rules by the end of May 2006 to be followed by a further consultation period of three weeks between the Ministerial Advisory Group (set up by the Minister) and its various AML Working Groups.

For more, see our Client update: Anti-Money Laundering - 7 April 2006 

14 March

The Senate Legal and Constitutional Committee conducted a public hearing in relation to the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 after receiving submissions from industry bodies and other interested parties. AAR made submissions to the Committee and gave evidence at the hearing.

9 February

The Senate referred the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 to the Senate Legal and Constitutional Legislation Committee for inquiry and report by 13 April 2006.

2005

 

16 December

Senator Ellison released an Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005. The Bill is subject to a public consultation period conducted by the Attorney-General's Department, due to expire on 13 April 2006. For more, see Focus: Anti-money laundering - December 2005

14 December

The Anti-Terrorism Act (No 2) 2005 (Cth) received assent. Of particular relevance to the financial sector are the amendments to the Financial Transaction Reports Act 1988 and the extension of the terrorist financing offence contained in the Criminal Code. For more, see: Focus: Anti-money Laundering Reforms - December 2005.

3 November

The Anti-Terrorism Act 2005 (Cth) amended the financing terrorism offence contained in the Criminal Code. The Government also introduced the Anti-Terrorism Bill (No 2) 2005 (Cth). The Bill would bring the anti-money laundering (AML) and counter-terrorist financing (CTF) regime into compliance with some of the FATF Special Recommendations by amending the Financial Transaction Reports Act and the Criminal Code

17 October

Senator Ellison issued a press release welcoming the release of the FATF report and indicated that the Government would, in November 2005, release an exposure draft of a Bill for public consultation for a period of four months.

14 October

The FATF published a report on FATF's Mutual Evaluation Assessment of the Australian anti-money laundering and counter-terrorist financing regime (the FATF report).

July to September

Senator Ellison held a series of roundtable meetings with representatives from the interested sectors to progress agreement on outstanding issues related to the Bill and prepare for the release of the draft exposure legislation.

March

FATF carried out a Mutual Evaluation Assessment of the Australian AML and CTF measures.

2004

 

June

Senator Ellison released the Government's Policy Principles Paper, which set out the key principles guiding the implementation process for the new AML/CTF reforms.

January

The Federal Government released five Issues Papers for comment. These were directed to the financial services sector, real estate dealers, dealers in precious metals & stones, the gambling industry and legal practitioners, accountants and company & trust service providers.

2003

 

December

The Minister of Justice and Customs, Senator Chris Ellison, announced that Australia would implement new global AML and CTF standards, in line with the FATF Recommendations.

June

The FATF completed a review of the Forty Recommendations and issued the revised Forty Recommendations.

2002

 

 

The Proceeds of Crime Act 2002 (Cth) strengthened powers of law enforcement to target organised criminals and freeze and confiscate assets.

 

The Suppression of Financing of Terrorism Act (Cth) was enacted and aimed at restricting financial resources available to terrorist organisations; it made financing of terrorists a criminal offence and required cash dealers to report terrorist-financing transactions.

2001

 

October

FATF expanded its mandate to deal with terrorist financing and issued Eight Special Recommendations aimed at combating the funding of terrorist acts and organisations.

1990

 

 

The Financial Action Task Force (FATF) issued a set of Forty Recommendations, which became the global anti-money laundering standards.

1988

 

 

The Financial Transactions Reporting Act (Cth), Australia's primary AML legislation, was enacted. It applied to the financial and gambling sector and imposed obligations to report significant and suspicious transactions and international fund transfers, made it an offence to open a bank account in a false name, and required cash dealers to verify identities of cash holders or signatories.

1987

 

 

The Proceeds of Crime Act 1987 (Cth) criminalised money laundering and provided the means to confiscate laundered money.



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