Information to be included in an application for registration as a remittance network provider, a remittance affiliate of the registered remittance network provider or an independent remittance dealer

Schedule 1 – Information to be provided or relating to an application for registration as a remittance network provider

Part A – Information to be provided by the applicant pursuant to paragraph 75B(3)(b) of the AML/CTF Act

  1. The name of the applicant;
  1. The business name(s) under which the applicant is carrying on a business, or proposes to carry on a business, of providing a registrable designated remittance service;
  1. A description of whether the applicant is operating as an individual, company, partnership, trust or through any other legal structure;
  1. The full street address of the person’s principal place of business at which the person provides or proposes to provide a designated service, not being a branch of that person;
  1. If the applicant has an ACN or ARBN – that number;
  1. If the applicant has an ABN – that number;
  1. If the applicant holds an Australian financial services licence – the number of that licence;
  1. If the applicant holds an Australian credit licence – the number of that licence;
  1. The foreign equivalent of the ACN, ABN, ARBN, AFSL or Australian credit licence number, together with the country in which the number was issued;
  1. If the applicant is registered or licensed in a foreign country to provide remittance services – details of that registration or licence;
  1. The applicant’s telephone number at its principal place of business;
  1. The applicant’s facsimile number at its principal place of business (if applicable);
  1. The applicant’s email address at its principal place of business (if applicable);
  1. The full name and business address (not being a post box address), and, where applicable, any business registration number(s) of:

(a)        if the applicant is an individual – that individual;

(b)       if the applicant comprises a partnership – the full name and address (not being a post box address) of each partner of the partnership;

(c)        if the applicant is a trust – the name of each trustee;

(d)       if the applicant is a company – the beneficial owner(s) of the company;

  1. In respect of the authorised individual and each of the key personnel, those individuals’:

(a)        full name;

(b)       date of birth;

(c)        position or title;

(d)       business telephone number;

(e)        business facsimile number (if applicable);

(f)        business email address (if applicable); and

(g)        full business address (not being a post box address);

  1. A description of the business carried on or proposed to be carried on by the applicant;
  1. The date on which the applicant commenced or is to commence offering registrable designated remittance services;
  1. Whether the applicant or any of its key personnel:

(a)        has been charged, prosecuted and/or convicted in relation to money laundering, financing of terrorism, terrorism, people smuggling, fraud, a serious offence, an offence under the AML/CTF Act, or an offence under the Financial Transaction Reports Act 1988 (FTR Act);

(b)       has been subject to a civil penalty order made under the AML/CTF Act;

(c)        has been the subject of civil or criminal proceedings or enforcement action, in relation to the management of an entity, or commercial or professional activities, which were determined adversely to the applicant or any of its key personnel (including by the applicant or any of its key personnel consenting to an order or direction, or giving an undertaking, not to engage in unlawful or improper conduct) and which reflected adversely on the applicant’s competence, diligence, judgement, honesty or integrity;

and if so, the details of each instance as the case may be, for the applicant and each of its key personnel.

Note:   The above does not affect the operation of Part VIIC of the Crimes Act 1914, which means that certain convictions that are spent convictions are not required to be disclosed under these AML/CTF Rules.

  1. Details of whether the applicant is:

(a)        a subsidiary of another entity or entities; or

(b)       controlled by another entity or entities; and

if so

(c)        the full names, addresses, positions and titles of the directors of the other entity or entities; and

(d)       the ACN, ABN, ARBN (or foreign equivalent) of the other entity or entities (as applicable);

  1. The business contact details of the individual completing the application for registration, comprising:

(a)        full name;

(b)       position or title;

(c)        date of birth (optional);

(d)       telephone number;

(e)        facsimile number (if applicable);

(f)        email address; and

(g)        postal address.

Part B Information to be obtained and retained by the applicant pursuant to subsection 75(4) of the AML/CTF Act

  1. (a) the original or certified copy (as applicable) of a National Police Certificate (or foreign equivalent if one is able to be obtained) that has been issued within the 6 month period preceding the date of application for registration, for each of the key personnel of the applicant; or

(b)       a National Police History Check (NPHC) that has been issued within the 6 month period preceding the date of the application for registration, for each of the key personnel of the applicant, which:

(i)        has been obtained from an accredited agency;

(ii)       specifies the full name and date of birth of the natural person to whom the NPHC relates;

(iii)      provides relevant information regarding the natural person to whom the NPHC relates, which will enable the applicant to make an informed decision as to whether that natural person has any disclosable convictions arising from any court outcomes within Australia which are disclosable;

(iv)      specifies the reference number allocated to the NPHC by the accredited agency;

(v)       specifies the name of the accredited agency which obtained the NPHC; and

(vi)      specifies the date on which the NPHC was released.

Note 1:Subsection 6E(1A) of the Privacy Act 1988 applies the Australian Privacy Principles to all reporting entities in relation to their activities under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

Note 2:            A reporting entity intending to disclose a NPHC or information from it to AUSTRAC should ensure that it complies with any requirements of CrimTrac in regard to that disclosure.

  1. The full street address of each branch at which the applicant provides or proposes to provide registrable designated remittance services (if applicable);
  1. Information relating to the applicant (as applicable):

If the person is a company

  1. domestic company:

(a)        if the company is registered as a proprietary company, the name of each director of the company;

  1. registered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration body; and

(c)        the name of each director of the company;

  1. unregistered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration         body; and if so:

(i)        the full address of the company in its country of formation, incorporation or registration as registered; and

(ii)       the name of each director of the company;

  • if the company is not registered by the relevant foreign registration body, the full address of the principal place of business of the company in its country of formation or incorporation;

If the person is a trust

  1. the type of trust;
  2. (a) the full name of each beneficiary in respect of the trust; or

(b)       if the terms of the trust identify the beneficiaries by reference to membership of a class – details of the class;

If the person is an association (incorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is an association (unincorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is a registered co-operative

  1. the full names of the officer holders, including the chairman, secretary or treasurer or equivalent officer in each case of the co-operative;
  2. (a) the main destination(s) where money or property is to be received or is likely to be received as a result of a transfer by the applicant under a designated remittance arrangement; and

(b)       the main destination(s) from which money or property is to be transferred or is likely to be transferred by the applicant under a designated remittance arrangement.

Schedule 2 – Information to be provided or relating to an application by a registered remittance network provider in regard to the registration of a remittance affiliate

Part A – Information to be provided by the applicant in regard to the registration of a remittance affiliate pursuant to paragraph 75B(3)(b) of the AML/CTF Act

  1. (a) the original or certified copy (as applicable) of a National Police Certificate (or foreign equivalent if one is able to be obtained) that has been issued within the 12 month period preceding the date of application for registration, for each of the key personnel of the other person; or

(b)       a National Police History Check (NPHC) document that has been issued within the 12 month period preceding the date of the application for registration, for each of the key personnel of the other person, which:

(i)        has been obtained from an accredited agency;

(ii)       specifies the full name and date of birth of the natural person to whom the NPHC relates;

(iii)      provides relevant information regarding the natural person to whom the NPHC relates, which will enable the applicant to make an informed decision as to whether that natural person has any disclosable convictions arising from any court outcomes within Australia which are disclosable;

(iv)      specifies the reference number allocated to the NPHC by the accredited agency;

(v)       specifies the name of the accredited agency which obtained the NPHC; and

(vi)      specifies the date on which the NPHC was released.

Note 1:Subsection 6E(1A) of the Privacy Act 1988 applies the Australian Privacy Principles to all reporting entities in relation to their activities under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

Note 2:            A reporting entity intending to disclose a NPHC or information from it to AUSTRAC should ensure that it complies with any requirements of CrimTrac in regard to that disclosure.

  1. The original or a certified copy (as applicable) of the report of the most recent due diligence assessment that has been carried out by the applicant of the suitability of the other person to be a remittance affiliate of the applicant;
  1. The original or a certified copy (as applicable) of the consent of the other person to be registered as a remittance affiliate of that registered remittance network provider;
  1. The full street address of each branch at which the other person provides or proposes to provide registrable designated remittance services (if applicable);
  1. Information relating to the other person (as applicable):

If the person is a company

  1. domestic company:

(a)        if the company is registered as a proprietary company, the name of each director of the company;

  1. registered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration body; and

(c)        the name of each director of the company;

  1. unregistered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration body; and if so:

(i)        the full address of the company in its country of formation, incorporation or registration as registered; and

(ii)       the name of each director of the company;

(c)        if the company is not registered by the relevant foreign registration body, the full address of the principal place of business of the company in its country of formation or incorporation;

If the person is a trust

  1. the type of trust;
  2. (a) the full name of each beneficiary in respect of the trust; or

(b)       if the terms of the trust identify the beneficiaries by reference to membership of a class – details of the class;

If the person is an association (incorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is an association (unincorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is a registered co-operative

  1. the full names of the officer holders, including the chairman, secretary or treasurer or equivalent officer in each case of the co-operative;
  2. (a) the main destination(s) where money or property is to be received or is likely to be received as a result of a transfer by the other person under a designated remittance arrangement; and

(b)       the main destination(s) from which money or property is to be transferred or is likely to be transferred by the other person under a designated remittance arrangement.

Part B – Information to be obtained and retained by the applicant relating to the registration of a remittance affiliate pursuant to subsection 75(4) of the AML/CTF Act

  1. The name of the person (other person) who is proposed to be registered as a remittance affiliate of the applicant;
  1. The business name(s) under which the other person is carrying on a business, or proposes to carry on a business, of providing a registrable designated remittance service;
  1. A description of whether the other person is operating as an individual, company, partnership, trust or through any other legal structure;
  1. The full street address of the other person’s principal place of business at which the other person provides or proposes to provide a designated service, not being a branch of that other person;
  1. If the other person has an ACN or ARBN – that number;
  1. If the other person has an ABN – that number;
  1. If the other person holds an Australian financial services licence – the number of that licence;
  1. If the other person holds an Australian credit licence – the number of that licence;
  1. The foreign equivalent of the ACN, ABN, ARBN, AFSL or Australian credit licence number, together with the country in which the number was issued;
  1. If the other person is registered or licensed in a foreign country to provide remittance services – details of that registration or licence;
  1. The other person’s telephone number at its principal place of business;
  1. The other person’s facsimile number at its principal place of business (if applicable);
  1. The other person’s email address at its principal place of business (if applicable);
  1. The full name and business address (not being a post box address), and, where applicable, any business registration number(s) of:

(a)        if the other person is an individual – that individual; or

(b)       if the other person comprises a partnership – the full name and address (not being a post box address) of each partner of the partnership;

(c)        if the other person is a trust – the name of each trustee;

(d)       if the other person is a company – the beneficial owner(s) of the company;

  1. In respect of each of the key personnel of the other person, those individuals’:

(a)        full name;

(b)       date of birth;

(c)        position or title;

(d)       business telephone number;

(e)        business facsimile number (if applicable);

(f)        business email address (if applicable); and

(g)        full business address (not being a post box address);

  1. A description of the business carried on or proposed to be carried on by the other person;
  1. The date on which the other person commenced or is to commence offering registrable designated remittance services;
  1. Whether the other person or any of its key personnel:

(a)        has been charged, prosecuted and/or convicted in relation to money laundering, financing of terrorism, terrorism, people smuggling, fraud, a serious offence, an offence under the AML/CTF Act, or an offence under the Financial Transaction Reports Act 1988 (FTR Act);

(b)       has been subject to a civil penalty order made under the AML/CTF Act;

(c)        has been the subject of civil or criminal proceedings or enforcement action, in relation to the management of an entity, or commercial or professional activities, which were determined adversely to the other person or any of its key personnel (including by the other person or any of its key personnel consenting to an order or direction, or giving an undertaking, not to engage in unlawful or improper conduct) and which reflected adversely on the other person’s competence, diligence, judgement, honesty or integrity;

and if so, the details of each instance as the case may be, for the other person and each of its key personnel;

Note:   The above does not affect the operation of Part VIIC of the Crimes Act 1914, which means that certain convictions that are spent convictions are not required to be disclosed under these AML/CTF Rules.

  1. Details of whether the other person is:

(a)        a subsidiary of another entity or entities; or

(b)       controlled by another entity or entities; and

if so

(c)        the full names, addresses, positions and titles of the directors of the other entity or entities; and

(d)       the ACN, ABN, ARBN (or foreign equivalent) of the other entity or entities (as applicable);

  1. The business contact details of the individual completing the application for registration, comprising:

(a)        full name;

(b)       position or title;

(c)        date of birth (optional);

(d)       telephone number;

(e)        facsimile number (if applicable);

(f)        email address; and

(g)        postal address.

Schedule 3 – Information to be provided or relating to an application for registration as an independent remittance dealer or an application for registration as a remittance affiliate made by an independent remittance dealer

Part A – Information to be provided by the applicant pursuant to paragraph 75B(3)(b) of the AML/CTF Act

  1. The name of the applicant;
  1. The business name(s) under which the applicant is carrying on a business, or proposes to carry on a business, of providing a registrable designated remittance service;
  1. A description of whether the applicant is operating as an individual, company, partnership, trust or through any other legal structure;
  1. The full street address of the person’s principal place of business at which the person provides or proposes to provide a designated service, not being a branch of that person;
  1. If the applicant has an ACN or ARBN – that number;
  1. If the applicant has an ABN – that number;
  1. If the applicant holds an Australian financial services licence – the number of that licence;
  1. If the applicant holds an Australian credit licence – the number of that licence;
  1. The foreign equivalent of the ACN, ABN, ARBN, AFSL or Australian credit licence number, together with the country in which the number was issued;
  1. If the applicant is registered or licensed in a foreign country to provide remittance services – details of that registration or licence;
  1. The applicant’s telephone number at its principal place of business;
  1. The applicant’s facsimile number at its principal place of business (if applicable);
  1. The applicant’s email address at its principal place of business (if applicable);
  1. The full name and business address (not being a post box address), and, where applicable, any business registration number(s) of:

(a)        if the applicant is an individual – that individual;

(b)       if the applicant comprises a partnership – the full name and address (not being a post box address) of each partner of the partnership;

(c)        if the applicant is a trust – the name of each trustee;

(d)       if the applicant is a company – the beneficial owner(s) of the company;

  1. In respect of the authorised individual and each of the key personnel, those individuals’:

(a)        full name;

(b)       date of birth;

(c)        position or title;

(d)       business telephone number;

(e)        business facsimile number (if applicable);

(f)        business email address (if applicable); and

(g)        full business address (not being a post box address);

  1. A description of the business carried on or proposed to be carried on by the applicant;
  1. The date on which the applicant commenced or is to commence offering registrable designated remittance services;
  1. Whether the applicant or any of its key personnel:

(a)        has been charged, prosecuted and/or convicted in relation to money laundering, financing of terrorism, terrorism, people smuggling, fraud, a serious offence, an offence under the AML/CTF Act, or an offence under the Financial Transaction Reports Act 1988 (FTR Act);

(b)       has been the subject of a civil penalty order made under the AML/CTF Act;

(c)        has been the subject of civil or criminal proceedings or enforcement action, in relation to the management of an entity, or commercial or professional activities, which were determined adversely to the applicant or any of its key personnel (including by the applicant or any of its key personnel consenting to an order or direction, or giving an undertaking, not to engage in unlawful or improper conduct) and which reflected adversely on the applicant’s competence, diligence, judgement, honesty or integrity;

and if so, the details of each instance as the case may be, for the applicant and each of its key personnel;

Note:   The above does not affect the operation of Part VIIC of the Crimes Act 1914, which means that certain convictions that are spent convictions are not required to be disclosed under these AML/CTF Rules.

  1. Details of whether the applicant is:

(a)        a subsidiary of another entity or entities; or

(b)       controlled by another entity or entities; and

if so

(c)        the full names, addresses, positions and titles of the directors of the other entity or entities; and

(d)       the ACN, ABN, ARBN (or foreign equivalent) of the other entity or entities (as applicable);

  1. The following details of the registered remittance network provider of which the applicant is a remittance affiliate (if applicable):

(a)        the name of the registered remittance network provider; and

(b)       the registration number as specified by AUSTRAC of the registered remittance network provider;

  1. The business contact details of the individual completing the application for registration, comprising:

(a)        full name;

(b)       position or title;

(c)        date of birth (optional);

(d)       telephone number;

(e)        facsimile number (if applicable);

(f)        email address; and

(g)        postal address.

Part B – Information to be obtained and retained by the applicant pursuant to subsection 75(4) of the AML/CTF Act

  1. (a) the original or certified copy (as applicable) of a National Police Certificate (or foreign equivalent if one is able to be obtained) that has been issued within the 6 month period preceding the date of application for registration, for each of the key personnel of the applicant; or

(b)       a National Police History Check (NPHC) document that has been issued within the 6 month period preceding the date of the application for registration, for each of the key personnel of the applicant, which:

(i)        has been obtained from an accredited agency;

(ii)       specifies the full name and date of birth of the natural person to whom the NPHC relates;

(iii)      provides relevant information regarding the natural person to whom the NPHC relates, which will enable the applicant to make an informed decision as to whether that natural person has any disclosable convictions arising from any court outcomes within Australia which are disclosable;

(iv)      specifies the reference number allocated to the NPHC by the accredited agency;

(v)       specifies the name of the accredited agency which obtained the NPHC; and

(vi)      specifies the date on which the NPHC was released.

Note 1:Subsection 6E(1A) of the Privacy Act 1988 applies the Australian Privacy Principles to all reporting entities in relation to their activities under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

Note 2:            A reporting entity intending to disclose a NPHC or information from it to AUSTRAC should ensure that it complies with any requirements of CrimTrac in regard to that disclosure.

  1. The original or a certified copy (as applicable) of the consent of the remittance network provider for the independent remittance dealer to make an application for registration as a remittance affiliate of the remittance network provider (if applicable);
  2. The full street address of each branch at which the applicant provides or proposes to provide registrable designated remittance services (if applicable);
  1. Information relating to the applicant (as applicable):

If the person is a company

  1. domestic company:

(a)        if the company is registered as a proprietary company, the name of each director of the company;

  1. registered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration body; and

(c)        the name of each director of the company;

  1. unregistered foreign company:

(a)        the country in which the company was formed, incorporated or registered;

(b)       whether the company is registered by the relevant foreign registration body; and if so:

(i)        the full address of the company in its country of formation, incorporation or registration as registered; and

(ii)       the name of each director of the company;

(c)        if the company is not registered by the relevant foreign registration body, the full address of the principal place of business of the company in its country of formation or incorporation;

If the person is a trust

  1. the type of trust;
  2. (a) the full name of each beneficiary in respect of the trust; or

(b)       if the terms of the trust identify the beneficiaries by reference to membership of a class – details of the class; 

If the person is an association (incorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is an association (unincorporated)

  1. (a) the full names of the officer holders, including the chairman, secretary         and treasurer or equivalent officer in each case of the association; and

(b)       the full names of any members of the governing committee (howsoever described);

If the person is a registered co-operative

  1. the full names of the officer holders, including the chairman, secretary or treasurer or equivalent officer in each case of the co-operative;
  2. (a) the main destination(s) where money or property is to be received or is likely to be received as a result of a transfer by the applicant under a designated remittance arrangement; and

(b)       the main destination(s) from which money or property is to be transferred or is likely to be transferred by the applicant under a designated remittance arrangement.