If you have received a letter from AUSTRAC titled 'FAILURE TO COMPLY WITH LEGAL OBLIGATIONS' and want more information click here.
You may also go directly to the compliance report response form.
Why have I received a letter from AUSTRAC?
AUSTRAC has identified that due to the nature of the products/services you provide, your business may have legal obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act).
How do I know if I have obligations under the AML/CTF Act?
Entities which provide a 'designated service' have obligations under the AML/CTF Act as 'reporting entities'. Designated services include certain financial and gambling services and bullion dealers.
The AUSTRAC Online system can help you assess whether you are a reporting entity, through a series of questions to determine if you offer any designated services. See Businesses new to AUSTRAC for more information about AUSTRAC Online and how to access the system.
What if I already have a username and password for EDDSWeb or have registered as a provider of a designated remittance service?
If you already report to AUSTRAC via the EDDSWeb system or have registered as a provider of a designated remittance service (PDRS), you can use this username and password to log in to AUSTRAC Online. For more information, see EDDSWeb users and PDRS. If you cannot remember your username or password please contact the AUSTRAC Help Desk at help_desk@austrac.gov.au or 1300 021 037.
What is an AML/CTF compliance report and do I have to complete one?
Reporting entities who offer designated services were required to complete an AML/CTF compliance report by 31 March 2008.
Entities who only offer designated services within the meaning of item 54 of table 1 in section 6 of the AML/CTF Act are exempt from the requirement to complete a compliance report. Item 54 covers an Australian financial services licence holder who arranges for a person to receive a designated service (other than an item 54 service).
If I have already enrolled with AUSTRAC Online, do I need to re-enrol?
On 21 February 2008, AUSTRAC identified businesses that may have legal obligations under the AML/CTF Act but had not yet enrolled through AUSTRAC Online. The businesses identified were sent a letter in March 2008, stating that they may have obligations under the AML/CTF legislation as reporting entities and should go to AUSTRAC Online to determine if they offered any designated services.
If you enrolled with AUSTRAC Online after 21 February 2008 but have still received a letter, this may be because you enrolled after the date AUSTRAC started preparing the letters to be sent. If this is the case, you do not have to enrol a second time.
Please note that your AML/CTF compliance report (if applicable) was due by 31 March 2008.
I am a pub/club with no gaming machines - do I still need to enrol?
If you are a pub/club and have no gaming machines, you may not need to enrol. However, AUSTRAC requests you put this in writing and email it to help_desk@austrac.gov.au or post to:
AUSTRAC Help Desk
PO Box 5516
West Chatswood NSW 1515
Please advise that you are a pub/club who has received an AUSTRAC letter but have no gaming machines. Include your full business name and address and the reference number (NJJxxxxx) from the top left corner of the letter you received.
What if I believe that I do not offer designated services and am not a reporting entity?
If you have received a letter titled 'FAILURE TO COMPLY WITH LEGAL OBLIGATIONS' but believe that you are not a reporting entity or do not have reporting obligations, you can advise AUSTRAC by completing the compliance report response form.
Otherwise AUSTRAC requests that you send a written response regarding your circumstances. Please note this does not mean AUSTRAC endorses your assessment. You may email your response to help_desk@austrac.gov.au or post to:
AUSTRAC Help Desk
PO Box 5516
West Chatswood NSW 1515
What if I have already stated to AUSTRAC that I am not a reporting entity?
If you have previously told AUSTRAC that you do not believe you provide a designated service (so are not a reporting entity), but you have still received a letter, this may be because you did not advise AUSTRAC of this in writing.
If you have received a letter titled 'FAILURE TO COMPLYWITH LEGAL OBLIGATIONS' but believe that you are not a reporting entity or do not have reporting obligations, you can advise AUSTRAC by completing the compliance report response form.
Otherwise AUSTRAC requests that you send a written response regarding your circumstances. Please note this does not mean AUSTRAC endorses your assessment. Please email your response to help_desk@austrac.gov.au or post to:
AUSTRAC Help Desk
PO Box 5516
West Chatswood NSW 1515
My business closed or ceased offering a designated service - do I still need to enrol and/or complete a compliance report?
If you offered any designated services during the reporting period of 13 December 2006 to 31 December 2007, you must still complete an AML/CTF compliance report for the period you did offer those services. For more information including how to report, see AML/CTF compliance reports.
What if I was not compliant before 31 March 2008?
Even if you were not fully compliant by 31 March 2008, you still had an obligation to complete an AML/CTF compliance report by that date. AUSTRAC does not expect all entities to have been fully compliant by this date; however there is an expectation that the AML/CTF compliance report has been completed truthfully, accurately and submitted on time.
I believe I do have obligations - what do I do now?
Reporting entities have a number of obligations under the AML/CTF Act. Your first action should be to sign up to AUSTRAC Online.
AUSTRAC has produced various educational tools and publications to assist reporting entities with their AML/CTF Act obligations. These include:
- AUSTRAC Regulatory Guide
- AUSTRAC Typologies and Case Studies Report 2007
- Checklist for small business
- Guidance notes
- 'Introduction to AML/CTF' e-learning course
- Policies
- Self Assessment Questionnaire
The above can be accessed from the Quicklinks section of this page, along with other web pages of particular interest to reporting entities.
Further information
AUSTRAC officers are able to assist reporting entities, their staff and the public in providing general information about AML/CTF Act obligations including AML/CTF compliance reports, as well as AUSTRAC Online or any other related matter.
Enquiries can be directed to the AUSTRAC Help Desk at help_desk@austrac.gov.au or phone 1300 021 037 (a local call within Australia).
