Exemption—intermediary institutions
39F Exemption—intermediary institutions
Divisions 1 to 6 do not apply to a designated service covered by item 31 of table 1 in section 6.
Item 31 of table 1 in section 6 deals with an intermediary institution passing on a transfer message in a value transfer chain.
A reporting entity must monitor its customers, in relation to the provision of a designated service covered by item 31 of table 1 in section 6 at or through a permanent establishment of the reporting entity in Australia, to identify unusual transactions and behaviours of the customers (within the meaning of section 30) that may give rise to a suspicious matter reporting obligation.
For suspicious matter reporting obligation, see section 41.
Subsection (2) is a civil penalty provision.
A reporting entity that contravenes subsection (2) commits a separate contravention of that subsection in respect of each designated service that the reporting entity provides to a customer.
8 At the end of section 44 (after the note)
Add:
Section 43 does not apply to a designated service that is:
provided by a reporting entity that is an ADI; and
provided to a customer that is an ADI.
Section 43 does not apply to a designated service that is:
provided by a reporting entity that is the holder of an exchange settlement account; and
provided to a customer that is the holder of an exchange settlement account; and
provided using the exchange settlement accounts held by the reporting entity and the customer.
9 Section 106
Repeal the section.
10 Section 107
Repeal the section, substitute:
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.