Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person must not provide a registrable designated remittance service if:
(a) the person's name; and
(b) the person's registrable details;
are not entered on the Register of Providers of Designated Remittance Services.
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement.
Penalty: Imprisonment for 2 years or 500 penalty units, or both.
(3) Strict liability applies to paragraphs (2)(b) and (c).
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement; and
(d) the AUSTRAC CEO previously:
(i) gave the person a direction under subsection 191(2) in relation to subsection (1) of this section; or
(ii) accepted an undertaking given by the person under section 197 in relation to subsection (1) of this section; and
(e) that was the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person.
Penalty: Imprisonment for 4 years or 1,000 penalty units, or both.
(5) Strict liability applies to paragraphs (4)(b) and (c).
Note: For strict liability , see section 6.1 of the Criminal Code .
(6) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement; and
(d) the AUSTRAC CEO previously:
(i) gave the person a direction under subsection 191(2) in relation to subsection (1) of this section; or
(ii) accepted an undertaking given by the person under section 197 in relation to subsection (1) of this section; and
(e) that was not the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person.
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
(7) Strict liability applies to paragraphs (6)(b) and (c).
Note: For strict liability , see section 6.1 of the Criminal Code .
(8) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the person's conduct breaches the requirement; and
(d) either:
(i) the person had previously been convicted of an offence against subsection (2), (4) or (6), and that conviction has not been set aside or quashed; or
(ii) an order had previously been made against the person under section 19B of the Crimes Act 1914 in respect of an offence against subsection (2), (4) or (6), and that order has not been set aside.
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
(9) Strict liability applies to paragraphs (8)(b) and (c).
Note: For strict liability , see section 6.1 of the Criminal Code .
Civil penalty
(10) Subsection (1) is a civil penalty provision.
Defences
(11) If, in:
(a) criminal proceedings for an offence against subsection (2), (4), (6) or (8); or
(b) section 175 proceedings for a contravention of subsection (1);
it is proved that the defendant's name was not entered on the Register of Providers of Designated Remittance Services, it is a defence if the defendant proves that:
(c) the defendant had, at a time before the offence or contravention, made an application to the AUSTRAC CEO under section 76 for:
(i) the defendant's name; and
(ii) the defendant's registrable details;
to be entered on the Register of Providers of Designated Remittance Services; and
(d) the defendant had not subsequently requested the AUSTRAC CEO under section 78 to remove:
(i) the defendant's name; and
(ii) the defendant's registrable details;
from the Register of Providers of Designated Remittance Services.
Note: In criminal proceedings, a defendant bears a legal burden in relation to the matters in subsection (11)--see section 13.4 of the Criminal Code .
(12) If, in:
(a) criminal proceedings for an offence against subsection (2), (4), (6) or (8); or
(b) section 175 proceedings for a contravention of subsection (1);
it is proved that the defendant's registrable details were not entered on the Register of Providers of Designated Remittance Services, it is a defence if the defendant proves that the defendant had, at a time before the contravention, informed the AUSTRAC CEO, in writing, of the registrable details.
Note: In criminal proceedings, a defendant bears a legal burden in relation to the matters in subsection (12)--see section 13.4 of the Criminal Code .