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COMMONWEALTHAct
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s 46A

Reports of transfers of value involving unverified self‑hosted virtual asset wallets

In force
Part 5Obligations relating to transfers of value
Division 4International value transfer services and transfers of value involving unverified self‑hosted virtual asset wallets

46A Reports of transfers of value involving unverified self‑hosted virtual asset wallets

Scope

(1)

This section applies to a reporting entity if:

(a)

the reporting entity commences to provide a designated service covered by item 29 or 30 of table 1 in section 6 at or through a permanent establishment of the reporting entity in Australia; and

(b)

the service involves:

(i)

receiving virtual assets transferred from a self‑hosted virtual asset wallet; or

(ii)

transferring virtual assets to a self‑hosted virtual asset wallet; and

(c)

the person who controls the self‑hosted virtual asset wallet has not been verified by the reporting entity in accordance with the reporting entity’s AML/CTF program.

Report

(2)

The reporting entity must give the AUSTRAC CEO a report about the provision of the designated service within 10 business days after commencing to provide the service.

(3)

A report under subsection (2) must:

(a)

be in accordance with the approved form, or in a manner specified in the AML/CTF Rules; and

(b)

contain the information required by the AML/CTF Rules.

Note:

For additional rules about reports, see section 244.

Civil penalty

(4)

Subsection (2) is a civil penalty provision.

Exemptions

(5)

This section does not apply to transfer of value of a kind specified in the AML/CTF Rules.

(6)

This section does not apply to a transfer of value that occurs in circumstances specified in the AML/CTF Rules.

39 Before section 49

Insert:

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