(1) For the purposes of this Act, the following tables define:
(a) the provision of a designated service ; and
(b) the person (the customer ) to whom the designated service is provided.
Table 1--Financial services
(2) Table 1 is as follows:
Table 1--Financial services |
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Item |
Provision of a designated service |
Customer of the designated service |
1 |
in the capacity of account provider, opening an account, where the account provider is: (a) an ADI; or (b) a bank; or (c) a building society; or (d) a credit union; or (e) a person specified in the AML/CTF Rules |
the holder of the account |
2 |
in the capacity of account provider for a new or existing account, allowing a person to become a signatory to the account, where the account provider is: (a) an ADI; or (b) a bank; or (c) a building society; or (d) a credit union; or (e) a person specified in the AML/CTF Rules |
the signatory |
3 |
in the capacity of account provider for an account, allowing a transaction to be conducted in relation to the account, where the account provider is: (a) an ADI; or (b) a bank; or (c) a building society; or (d) a credit union; or (e) a person specified in the AML/CTF Rules |
both: (a) the holder of the account; and |
4 |
accepting money on deposit (otherwise than by way of deposit to an account), where the deposit‑taker is: (a) an ADI; or (b) a bank; or (c) a building society; or (d) a credit union; or (e) a person specified in the AML/CTF Rules |
the person in whose name the deposit is held |
5 |
in the capacity of deposit‑taker for a deposit, allowing a transaction to be conducted in relation to the deposit, where the deposit‑taker is: (a) an ADI; or (b) a bank; or (c) a building society; or (d) a credit union; or (e) a person specified in the AML/CTF Rules |
the person in whose name the deposit is held |
6 |
making a loan, where the loan is made in the course of carrying on a loans business |
the borrower |
7 |
in the capacity of: (a) lender for a loan; or (b) assignee (whether immediate or otherwise) of the lender for a loan; allowing the borrower to conduct a transaction in relation to the loan, where the loan was made in the course of carrying on a loans business |
the borrower |
8 |
factoring a receivable, where the receivable is factored in the course of carrying on a factoring business |
the person whose receivable is factored |
9 |
forfaiting: (a) a bill of exchange; or (b) a promissory note; where the bill or note is forfaited in the course of carrying on a forfaiting business |
the person whose bill or note is forfaited |
10 |
supplying goods by way of lease under a finance lease, where: (a) the goods are not acquired by a consumer (within the meaning of section 4B of the Trade Practices Act 1974 ); and (b) the supply is in the course of carrying on a finance leasing business |
the lessee |
11 |
in the capacity of lessor under a finance lease, allowing the lessee to conduct a transaction in relation to the lease, where: (a) the goods were not acquired by a consumer (within the meaning of section 4B of the Trade Practices Act 1974 ); and (b) the supply was in the course of carrying on a finance leasing business |
the lessee |
12 |
supplying goods to a person by way of hire‑purchase, where: (a) the goods are not acquired by a consumer (within the meaning of section 4B of the Trade Practices Act 1974 ); and (b) the supply is in the course of carrying on a business of supplying goods |
the person |
13 |
in the capacity of supplier of goods to a person by way of hire‑purchase, allowing the person to conduct a transaction in relation to the hire‑purchase agreement concerned, where: (a) the goods were not acquired by a consumer (within the meaning of section 4B of the Trade Practices Act 1974 ); and (b) the supply was in the course of carrying on a business of supplying goods |
the person |
14 |
in the capacity of account provider for an account, providing a chequebook, or a similar facility, that enables the holder of the account to draw a cheque on the account |
the holder of the account |
15 |
in the capacity of building society or credit union, providing a chequebook, or a similar facility, that enables the holder of an account with the building society or credit union to draw a cheque on an account held by the building society or credit union |
the holder of the account with the building society or credit union |
16 |
in the capacity of trustee or manager of a trust, providing a chequebook, or a similar facility, that enables the holder of a beneficial interest in the trust to draw a cheque on an account held by the trustee or manager of the trust |
the holder of the beneficial interest in the trust |
17 |
issuing: (a) a bill of exchange; or (b) a promissory note; or (c) a letter of credit; to a person, where the bill, note or letter is issued by: (d) an ADI; or (e) a bank; or (f) a building society; or (g) a credit union; or (h) a person specified in the AML/CTF Rules |
the person |
18 |
issuing a debit card that enables the holder of an account to debit the account |
the holder of the account |
19 |
in the capacity of building society or credit union, issuing a debit card that enables the holder of an account with the building society or credit union to debit an account held by the building society or credit union |
the holder of the account with building society or credit union |
20 |
in the capacity of trustee or manager of a trust, issuing a debit card that enables the holder of a beneficial interest in the trust to debit an account held by the trustee or manager of the trust |
the holder of the beneficial interest in the trust |
21 |
issuing a stored value card to a person, where: (a) the whole or a part of the monetary value stored on the card may be withdrawn in cash; and (b) the monetary value stored on the card is not less than: (i) $1,000; or (ii) if another amount is specified in the regulations--that other amount |
the person |
22 |
increasing the monetary value stored on a stored value card held by a person, where: (a) the whole or a part of the monetary value stored on the card may be withdrawn in cash; and (b) the increased monetary value is not less than: (i) $1,000; or (ii) if another amount is specified in the regulations--that other amount |
the person |
23 |
issuing a stored value card to a person, where: (a) no part of the monetary value stored on the card may be withdrawn in cash; and (b) the monetary value stored on the card is not less than: (i) $5,000; or (ii) if another amount is specified in the regulations--that other amount |
the person |
24 |
increasing the monetary value stored on a stored value card held by a person, where: (a) no part of the monetary value stored on the card may be withdrawn in cash; and (b) the increased monetary value is not less than: (i) $5,000; or (ii) if another amount is specified in the regulations--that other amount |
the person |
25 |
issuing a traveller's cheque to a person |
the person |
26 |
in the capacity of issuer of a traveller's cheque, cashing or redeeming a traveller's cheque held by a person |
the person |
27 |
issuing a money order, postal order or similar order to a person, where the face value of the order is not less than: (a) $1,000; or (b) if another amount is specified in the regulations--that other amount |
the person |
28 |
in the capacity of issuer of a money order, postal order or similar order, cashing or redeeming a money order, postal order or similar order held by a person, where the face value of the order is not less than: (a) $1,000; or (b) if another amount is specified in the regulations--that other amount |
the person |
29 |
in the capacity of ordering institution, accepting an electronic funds transfer instruction from the payer |
the payer |
30 |
in the capacity of beneficiary institution, making money available to the payee as a result of an electronic funds transfer instruction |
the payee |
31 |
accepting money or property from a transferor entity to be transferred under a designated remittance arrangement |
|
32 |
making money or property available to an ultimate transferee entity as a result of a transfer under a designated remittance arrangement |
|
33 |
in the capacity of agent of a person, acquiring or disposing of: (a) a security; or (b) a derivative; or (c) a foreign exchange contract; on behalf of the person, where: (d) the acquisition or disposal is in the course of carrying on a business of acquiring or disposing of securities, derivatives or foreign exchange contracts in the capacity of agent; and (e) the service is not specified in the AML/CTF Rules |
the person |
34 |
in the capacity of agent of a person, acquiring or disposing of: (a) a bill of exchange; or (b) a promissory note; or (c) a letter of credit; on behalf of the person, where: (d) the acquisition or disposal is in the course of carrying on a business of acquiring or disposing of bills of exchange, promissory notes or letters of credit in the capacity of agent; and (e) the service is not specified in the AML/CTF Rules |
the person |
35 |
issuing or selling a security or derivative to a person, where: (a) the issue or sale is in the course of carrying on a business of issuing or selling securities or derivatives; and (b) in the case of an issue of a security or derivative--the issue does not consist of the issue by a company of a security of the company or of an option to acquire a security of the company; and (c) in the case of an issue of a security or derivative--the issue is not an exempt financial market operator issue; and (d) such other conditions (if any) as are set out in the AML/CTF Rules are satisfied |
the person |
36 |
in the capacity of issuer of a bearer bond, redeeming a bearer bond |
the person to whom the proceeds of the redemption are paid |
37 |
issuing, or undertaking liability as the insurer under, a life policy or sinking fund policy |
the holder of the policy |
38 |
in the capacity of insurer for a life policy or sinking fund policy, accepting a premium in relation to the policy |
the holder of the policy |
39 |
in the capacity of insurer for a life policy or sinking fund policy, making a payment to a person under the policy |
the person |
40 |
in the capacity of provider of a pension or annuity, accepting payment of the purchase price for a new pension or annuity, where: (a) the provider is not a self managed superannuation fund; or (b) the pension or annuity is provided in the course of carrying on a business of providing pensions or annuities |
the person to whom the pension or annuity is to be paid |
41 |
in the capacity of provider of a pension or annuity, making a payment to a person by way of: (a) a payment of the pension or annuity; or (b) an amount resulting from the commutation, in whole or in part, of the pension or annuity; or (c) the residual capital value of the pension or annuity; where the provider is not a self managed superannuation fund |
the person |
42 |
in the capacity of trustee of: (a) a superannuation fund (other than a self managed superannuation fund); or (b) an approved deposit fund; accepting a contribution, roll‑over or transfer in respect of a new or existing member of the fund |
the member |
43 |
in the capacity of trustee of: (a) a superannuation fund (other than a self managed superannuation fund); or (b) an approved deposit fund; cashing the whole or a part of an interest held by a member of the fund |
the member, or if the member has died, the person, or each of the persons, who receives the cashed whole or a cashed part of the relevant interest |
44 |
in the capacity of RSA provider, accepting a contribution, roll‑over or transfer to an RSA in respect of a new or existing RSA holder |
the RSA holder |
45 |
in the capacity of RSA provider, cashing the whole or a part of an interest held by an RSA holder |
the RSA holder, or if the RSA holder has died, the person, or each of the persons, who receives the cashed whole or a cashed part of the relevant interest |
46 |
providing a custodial or depository service, where: (a) the service is provided in the course of carrying on a business of providing custodial or depository services; and (b) the service is not an exempt legal practitioner service |
the client of the service |
47 |
providing a safe deposit box, or similar facility, where: (a) the service is provided in the course of carrying on a business of providing safe deposit boxes or similar facilities; and (b) the service is not an exempt legal practitioner service |
the person who is, or each of the persons who are, authorised to lodge items in the safe deposit box or similar facility |
48 |
guaranteeing a loan, where the guarantee is given in the course of carrying on a business of guaranteeing loans |
both: (a) the lender; and (b) the borrower |
49 |
in the capacity of guarantor of a loan, making a payment to the lender, where the guarantee was given in the course of carrying on a business of guaranteeing loans |
both: (a) the lender; and (b) the borrower |
50 |
exchanging one currency (whether Australian or not) for another (whether Australian or not), where the exchange is provided in the course of carrying on a currency exchange business |
the person whose currency is exchanged |
51 |
collecting physical currency, or holding physical currency collected, from or on behalf of a person, where: (a) the service is provided in the course of carrying on a business of collecting or holding physical currency; and (b) the physical currency was not collected by the provider of the service as consideration for the supply of goods (within the meaning of the Trade Practices Act 1974 ); and (c) the physical currency was not collected by the provider of the service as consideration for the supply of services (within the meaning of the Trade Practices Act 1974 ) other than the service of collecting or holding physical currency; and (d) the physical currency was not collected as a donation to a charity or charitable institution |
the person |
52 |
preparing a pay‑roll, on behalf of a person, in whole or in part from physical currency collected, where the service is provided in the course of carrying on a business of preparing pay‑rolls |
the person |
53 |
delivering physical currency (including pay‑rolls) to a person, where the service is provided in the course of carrying on a business of delivering physical currency |
the person |
54 |
in the capacity of holder of an Australian financial services licence, making arrangements for a person to receive a designated service (other than a service covered by this item) |
the person |
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
Table 2--Bullion
(3) Table 2 is as follows:
Table 2--Bullion |
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Item |
Provision of a designated service |
Customer of the designated service |
1 |
buying bullion, where the buying is in the course of carrying on a business |
|
2 |
selling bullion, where the selling is in the course of carrying on a business |
Table 3--Gambling services
(4) Table 3 is as follows:
Table 3--Gambling services |
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Item |
Provision of a designated service |
Customer of the designated service |
1 |
receiving or accepting a bet placed or made by a person, where the service is provided in the course of carrying on a business |
the person |
2 |
placing or making a bet on behalf of a person, where the service is provided in the course of carrying on a business |
the person |
3 |
introducing a person who wishes to make or place a bet to another person who is willing to receive or accept the bet, where the service is provided in the course of carrying on a business |
both: (a) the person who wishes to make or place the bet; and (b) the person who is willing to receive or accept the bet |
4 |
paying out winnings in respect of a bet, where the service is provided in the course of carrying on a business |
the person to whom the winnings are paid |
5 |
in the capacity of controller of an eligible gaming machine venue, allowing a person to play a game on a gaming machine located at the venue, where the service is provided in the course of carrying on a business |
the person |
6 |
accepting the entry of a person into a game, where: (a) the game is played for money or anything else of value; and (b) the game is a game of chance or of mixed chance and skill; and (c) the service is provided in the course of carrying on a business; and (d) the game is not played on a gaming machine located at an eligible gaming machine venue |
the person |
7 |
exchanging money for gaming chips or tokens, where the service is provided in the course of carrying on a business |
|
8 |
exchanging gaming chips or tokens for money, where the service is provided in the course of carrying on a business |
the person whose gaming chips or tokens are exchanged |
9 |
paying out winnings, or awarding a prize, in respect of a game, where: (a) the game is played for money or anything else of value; and (b) the game is a game of chance or of mixed chance and skill; and (c) the service is provided in the course of carrying on a business; and (d) the game is not played on a gaming machine located at an eligible gaming machine venue |
the person to whom the winnings are paid or the prize is awarded |
10 |
in the capacity of controller of an eligible gaming machine venue, paying out winnings, or awarding a prize, in respect of a game, where: (a) the game is played on a gaming machine located at the venue; and (b) the winnings are paid out, or the prize is awarded, by the controller as agent of the owner or lessee of the gaming machine; and (c) the service is provided in the course of carrying on a business |
the person to whom the winnings are paid or the prize is awarded |
11 |
in the capacity of account provider, opening an account, where: (a) the account provider is a person who provides a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (c) the service is provided in the course of carrying on a business |
the holder of the account |
12 |
in the capacity of account provider for a new or existing account, allowing a person to become a signatory to the account, where: (a) the account provider is a person who provides a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (c) the service is provided in the course of carrying on a business |
the signatory |
13 |
in the capacity of account provider for an account, allowing a transaction to be conducted in relation to the account, where: (a) the account provider is a person who provides a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (c) the service is provided in the course of carrying on a business |
both: (a) the holder of the account; and |
14 |
exchanging one currency (whether Australian or not) for another (whether Australian or not), where: (a) the exchange is provided by a person who provides a service covered by item 1, 2, 3, 4, 6, 7, 8 or 9; and (b) the service is provided in the course of carrying on a business |
the person whose currency is exchanged |
Table 4--Prescribed services
(5) Table 4 is as follows:
Table 4--Prescribed services |
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Item |
Provision of a designated service |
Customer of the designated service |
1 |
providing a service specified in the regulations |
the person who, under the regulations, is taken to be the person to whom the service is provided |
Geographical link
(6) An item of a table in this section does not apply to the provision by a person of a service to a customer unless:
(a) the service is provided at or through a permanent establishment of the person in Australia; or
(b) both of the following subparagraphs apply:
(i) the person is a resident of Australia;
(ii) the service is provided at or through a permanent establishment of the person in a foreign country; or
(c) both of the following subparagraphs apply:
(i) the person is a subsidiary of a company that is a resident of Australia;
(ii) the service is provided at or through a permanent establishment of the person in a foreign country.
Note: For resident , see section 14.
Amendment of items
(7) The regulations may amend an item of a table in this section.