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What are the AUSTRAC enforcement powers? (select all, if any, that apply)Group of answer choicesAppoint external auditorsInstigate remedial directions by requiring a reporting entity to take specified action to ensure complianceAccept enforceable undertakings detailing the specific actions a reporting entity will commence or ceaseIssue infringement noticesApply to the Australian Federal Court to obtain injunctionEnforce AML/CTF criminal judgmentsExtradite AML/CTF PEPs or criminalsCommence remittance registration actionsApply to the Australian Federal Court to obtain a penalty orderDispatch written notices

Question

What are the AUSTRAC enforcement powers? (select all, if any, that apply)Group of answer choicesAppoint external auditorsInstigate remedial directions by requiring a reporting entity to take specified action to ensure complianceAccept enforceable undertakings detailing the specific actions a reporting entity will commence or ceaseIssue infringement noticesApply to the Australian Federal Court to obtain injunctionEnforce AML/CTF criminal judgmentsExtradite AML/CTF PEPs or criminalsCommence remittance registration actionsApply to the Australian Federal Court to obtain a penalty orderDispatch written notices

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Solution

AUSTRAC, the Australian Transaction Reports and Analysis Centre, has several enforcement powers to ensure compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). These powers include:

  1. Appointing external auditors: AUSTRAC can appoint an external auditor to assess a reporting entity's compliance with the AML/CTF Act.

  2. Instigating remedial directions: AUSTRAC can require a reporting entity to take specific actions to ensure compliance with the AML/CTF Act.

  3. Accepting enforceable undertakings: AUSTRAC can accept a written promise (an enforceable undertaking) from a reporting entity that it will take specific actions to ensure compliance with the AML/CTF Act.

  4. Issuing infringement notices: If a reporting entity breaches certain provisions of the AML/CTF Act, AUSTRAC can issue an infringement notice.

  5. Applying to the Australian Federal Court to obtain an injunction: If a reporting entity breaches the AML/CTF Act, AUSTRAC can apply to the Australian Federal Court for an injunction to stop the breach.

  6. Enforcing AML/CTF criminal judgments: AUSTRAC can enforce criminal judgments for breaches of the AML/CTF Act.

  7. Commencing remittance registration actions: AUSTRAC can take action to register, or cancel the registration of, a remittance service provider.

  8. Applying to the Australian Federal Court to obtain a penalty order: If a reporting entity breaches the AML/CTF Act, AUSTRAC can apply to the Australian Federal Court for a penalty order.

  9. Dispatching written notices: AUSTRAC can send written notices to reporting entities to ensure compliance with the AML/CTF Act.

However, AUSTRAC does not have the power to extradite AML/CTF Politically Exposed Persons (PEPs) or criminals. This power typically lies with law enforcement agencies and the courts.

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