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Anti-Money Laundering & Counter-Terrorism Financing Amendment Bill 2024

The AML/CTF Act 2006, as amended to 2024, establishes Australia's framework to detect, deter and disrupt money laundering and terrorism financing. It incorporates FATF Recommendations, including the Travel Rule, forming the legal backbone for domestic enforcement of the Wire Transfer Regulations. The law applies to all reporting entities providing designated financial, remittance, and digital currency services.


Definition & Coverage of Wire Transfers

The Act defines multiple types of electronic funds transfer instructions (EFTIs), distinguishing between:


  • Multiple-institution person-to-person EFTIs

  • Same-institution EFTIs

  • Same-person EFTIs


All variants are covered under the WTR regime if they involve instructions transmitted wholly or partly via electronic means and result in a cross-border movement of funds. Remittance arrangements involving non-financiers also fall within the scope of international funds transfer instructions (IFTIs), which are regulated equivalently.


Required Transfer Information

Section 70 stipulates that all EFTIs must include complete payer (originator) information, defined as:


  • Full name

  • Account number or a unique reference number

  • Address, date/place of birth, or government-issued ID number


This requirement aligns precisely with the FATF Travel Rule. Section 71 prohibits initiating a wire transfer unless the ordering institution has verified and included this information. Intermediary and beneficiary institutions must retain and, where applicable, forward this information intact.


Reporting Obligations

Part 3, Division 4 of the Act mandates that any person who sends or receives an IFTI must report it to AUSTRAC within 10 business days. Reports must contain full details of the transfer, including originator and beneficiary information, value, and purpose. Reporting obligations apply regardless of whether the institution is directly initiating the transfer or is part of an interposed transaction chain.


Record-Keeping & Monitoring

Under Part 10 and Section 115, all wire transfer instructions must be documented and preserved for a minimum of seven years, including associated customer identification records and transaction trails. This obligation extends to both direct and indirect participants in the payment chain, ensuring the data required under WTR can be accessed during audits or investigations.


Risk-Based Oversight & Transaction Scrutiny

The Act compels reporting entities to monitor transactions for AML/CTF risks and to submit Suspicious Matter Reports (SMRs) when incomplete or anomalous transfer data is detected. Section 41 outlines that SMRs must be submitted within 3 business days (or 24 hours in terrorism-related cases). The reporting entity is expected to form a reasonable suspicion based on contextual and behavioural indicators.


Digital Currency & Remittance Providers

Digital currency exchange providers and remittance services are brought under WTR-equivalent regulation. They must register with AUSTRAC, implement identity verification protocols, and submit both IFTI and SMR reports when handling international crypto transfers. The 2024 amendments strengthen obligations to apply WTR principles to virtual asset service providers.


Enforcement, Penalties & Oversight

Non-compliance with WTR requirements attracts significant civil penalties under Part 12, including infringement notices and enforceable undertakings. AUSTRAC is empowered to issue remedial directions, enforce audits, suspend registrations, and share information with international counterparts. The AUSTRAC CEO also retains special powers to compel disclosure of information relevant to suspicious wire transfers.


Conclusion: WTR Compliance Integration

The 2024 amendments to Australia’s AML/CTF Act solidify a robust and FATF-aligned Wire Transfer Regulation regime. Through precise definitions of electronic transfer types, mandated inclusion of complete originator and beneficiary data, stringent reporting and record-keeping duties, and rigorous oversight of digital asset and remittance services, the Act ensures that every stage of the wire transfer process is traceable and compliant. AUSTRAC’s powers ensure effective enforcement and international cooperation, enabling Australia to maintain a resilient financial system resistant to illicit fund flows.

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