Under Part 15 Division 7 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), the AUSTRAC Chief Executive Officer (CEO) may accept enforceable undertakings.
An enforceable undertaking is a written undertaking that is enforceable in a court, given to and accepted by the AUSTRAC CEO. They are generally an alternative to civil or administrative action where there has been a contravention of the AML/CTF Act, the regulations or the AML/CTF Rules.
The AUSTRAC CEO may accept an undertaking that a person will, to comply with the AML/CTF Act, the regulations or the AML/CTF Rules:
- take specified action
- refrain from taking specified action
- take specified action towards not contravening or being likely to contravene, the AML/CTF Act, the regulations or the AML/CTF Rules in the future.
The AUSTRAC CEO may publish a copy of an undertaking on AUSTRAC's website. Information that is commercial in confidence, against the public interest to release, or consists of an individual's personal details, is deleted from the published copy.
By publishing copies of undertakings, AUSTRAC remains transparent and accountable in its decision making.
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