Providers of 'designated services' under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) are 'reporting entities'.
AUSTRAC has considered the issue of who is the reporting entity that provides designated services for gaming machine venues.
Designated services in relation to gaming machine venues fall under two scenarios:
(1) items 6 and 9 of table 3 in section 6 of the AML/CTF Act (accepting a person to play gaming machines when they are owned or leased, paying out winnings on games played on gaming machines that are owned or leased)
(2) items 5 and 10 of table 3 (controller of an eligible gaming machine venue accepting entry to and paying out winnings on games played on eligible gaming machines).
For designated services provided under (1) above, the reporting entity is the holder of the licence/authority to operate gaming machines (issued by a State regulator). Under (2) above, the reporting entity is defined in section 13 of the AML/CTF Act and is also the gaming machine operator licence/authority holder.
Reporting entities may elect to form a 'designated business group' (DBG) where they meet the eligibility criteria outlined in Chapter 2 of the AML/CTF Rules.
Members of a DBG may adopt a joint AML/CTF program. Certain obligations under the AML/CTF Act, including customer identification and record keeping, which apply to a reporting entity which is a member of a DBG, may be discharged by another member of the group.
For more information about DBGs, including formation and AML/CTF Act obligations, refer to the AUSTRAC guidance note Designated business groups.
Enquiries can be directed to the AUSTRAC Help Desk via email to firstname.lastname@example.org or telephone 02 9950 0827 or 1300 021 037 (a local call within Australia).
AUSTRAC recommends that reporting entities seek their own independent legal advice about how the AML/CTF Act relates to their circumstances.