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AUSTRAC

ANNUAL REPORT 2010–11


SUMMARY
AUSTRAC’s role and functions
AUSTRAC is Australia’s anti-money laundering and
counter-terrorism financing (AML/CTF) regulator and
specialist financial intelligence unit (FIU).

The agency was established in 1989 under the


Financial Transaction Reports Act 1988 (FTR Act) as
a statutory authority within the Attorney-General’s
portfolio and is continued in existence by section 209
of the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 (AML/CTF Act).

AUSTRAC reports to the Minister for Home Affairs and


Justice on the operations of the agency.

AUSTRAC’s vision and purpose


AUSTRAC’s vision is an Australian community which
is hostile to money laundering, financing of terrorism,
and serious and organised crime, including people
smuggling and tax evasion.

AUSTRAC’s purpose is to protect the integrity of


Australia’s financial system and contribute to the
administration of justice through its expertise in
countering money laundering and the financing of
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

terrorism.

This purpose is achieved through the collaborative


efforts of AUSTRAC’s two interdependent functions
of AML/CTF regulator and FIU, as detailed in this
summary.

2 © Commonwealth of Australia 2011


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Designed and produced by the Australian Transaction
Reports and Analysis Centre [AUSTRAC]
Australia’s AML/CTF
regulator
In its regulatory role, AUSTRAC oversees compliance • received 10,552 AML/CTF compliance reports from
with the obligations of the AML/CTF Act and FTR regulated entities for the 2010 calendar year. These
Act by businesses across diverse industry sectors. compliance reports detail the AML/CTF programs
AUSTRAC’s population of regulated entities includes those entities have in place to prevent their services
financial services providers, entities in the gambling being misused for money laundering or terrorism
industry, bullion dealers, designated remittance financing
service providers and other specified ‘reporting
entities’ (under the AML/CTF Act), as well as ‘cash • issued a total of 1,053 recommendations and
dealers’ (under the FTR Act). requirements to regulated entities to address
identified areas of AML/CTF non-compliance or to
In 2010–11 AUSTRAC increased its focus on reduce the possibility of future non-compliance
supervising the transaction reporting performance of
its regulated entities, which allowed the agency to • registered an additional 810 money remittance
extend its supervisory activity across a wider range of service providers (money transfer businesses),
entities. bringing to 6,927 the total number of remittance
businesses registered with AUSTRAC at 30 June 2011
AUSTRAC also took enforcement action against a
number of entities found to be non-compliant with • consulted closely with industry and government
their obligations under the AML/CTF Act. on the implementation of important reforms for
enhanced regulation of the remittance sector and
the introduction of a supervisory levy for AUSTRAC’s
Fast facts regulatory activities
In 2010–11, AUSTRAC: • received more than 18,000 calls from regulated
• received a total of 44,068,331 transaction reports entities and the general public about AML/CTF
from regulated entities and partner agencies, matters and responded to more than 7,700 emails
a 104 per cent increase on the number of and letters
reports received in 2009–10. AUSTRAC analysed • released strategies covering the key areas of
these reports and disseminated them to other
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

supervision and enforcement to provide industry


government agencies to be used as financial with a valuable insight into the agency’s supervisory
intelligence in their investigations. Pages 4–6 of priorities for 2010–11.
this brochure summarise transaction reporting to
AUSTRAC in 2010–11 See pages 17–55 of AUSTRAC’s 2010–11 annual
• undertook 3,052 AML/CTF compliance assessments report for more information about AUSTRAC’s
and reviews to assess regulated entities’ performance as Australia’s AML/CTF regulator.
compliance with their AML/CTF obligations. This
is a 508 per cent increase on the number of
assessments and reviews conducted in 2009–10.
Assessments included on-site assessments, desk
reviews and reviews examining the financial
transaction reporting performance of entities

• took enforcement action against several regulated


entities as a result of breaches of the AML/CTF
Act. AUSTRAC issued one remedial direction
to a regulated entity, accepted enforceable
3 undertakings from seven regulated entities (from
the same business group), and removed the names
and registrable details of two people from the
Register of Providers of Designated Remittance
Services
Reporting to AUSTRAC
Reports of international funds transfers
Under the AML/CTF Act, if a reporting entity sends or receives an instruction to or from a foreign country
to transfer money or property, that entity must submit an international funds transfer instruction (IFTI) report
to AUSTRAC.

AUSTRAC received 35,666,743 reports of international funds transfers in 2010–11.

IFTI reporting volumes 2006–07 to 2010–11

Total number Change from


of reports previous year

2006―07 13,017,467 14%

2007―08 14,963,719 15%

2008―09 16,325,870 9.1%

2009―10 18,095,756 10.8%

2010―11 35,666,743 97%

0 10 million 20 million 30 million 40 million

Reports of suspicious matters


Under the AML/CTF Act, reporting entities must submit suspicious matter reports (SMRs) if, at any time while
dealing with a customer, the entity forms a reasonable suspicion that the matter may be related to an offence,
tax evasion, or the proceeds of crime. Entities must submit SMRs to AUSTRAC within three days of forming the
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

suspicion (or within 24 hours for matters related to the suspected financing of terrorism).

For most reporting entities, SMRs (which were introduced in December 2008) have progressively replaced
suspect transaction reports (SUSTRs), which are reported under the FTR Act.

AUSTRAC received a combined total of 44,775 SMRs and SUSTRs in 2010–11.

SUSTR/SMR reporting volumes 2006–07 to 2010–11

Total number Change from


of reports previous year

2006―07 24,440 -1.5%

2007―08 29,089 19.02%

2008―09 32,449 11.55%

2009―10 47,386 46.0%


4
2010―11 44,775* -5.5%

0 10,000 20,000 30,000 40,000 50,000

* In 2010–11 the vast majority of AUSTRAC’s reporting entities completed the transition to reporting SMRs under the
AML/CTF Act. Of the combined total of 44,775 SMRs and SUSTRs received, only 560 were SUSTRs.
Reports of cash transactions
Under the AML/CTF Act, if a reporting entity provides a designated service to a customer which involves the
transfer of physical currency (or e-currency) of AUD10,000 or more (or the foreign currency equivalent), that
entity must submit a threshold transaction report (TTR) to AUSTRAC.

For most reporting entities, TTRs (which were introduced in December 2008) have replaced significant cash
transaction reports (SCTRs), which are reported under the FTR Act.

AUSTRAC received a combined total of 8,325,621 TTRs and SCTRs in 2010–11.

SCTR/TTR reporting volumes 2006–07 to 2010–11

Total number Change from


of reports* previous year

2006―07 2,675,050 10.7%

2007―08 2,934,955 9.72%

2008―09 3,373,280 14.93%

2009―10 3,375,447 0.06%

2010―11 8,325,621 147%

0 2 million 4 million 6 million 8 million 10 million

* The totals for 2006–07 and 2007–08 include only SCTRs, which were submitted under the FTR Act. The totals for 2008–09
onwards include both SCTRs and TTRs.

Reports of cross-border movements of physical currency


Under the AML/CTF Act, cross-border movements of physical currency (CBM-PC) reports are submitted when
currency (coin or paper money) worth AUD10,000 (or the foreign equivalent) or more is carried, mailed or
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

shipped into or out of Australia.

AUSTRAC received 30,342 CBM-PC reports in 2010–11.

CBM–PC reporting volumes 2006–07 to 2010–11

Total number Change from


of reports* previous year

2006―07 23,351 -15.87%

2007―08 36,131 54.73%

2008―09 38,669 7.02%

2009―10 35,527 -9.1%

2010―11 30,342 -14.6%

5 0 10,000 20,000 30,000 40,000

* In December 2006 ICTRs, which were submitted under the FTR Act, were replaced by CBM-PC reports under the
AML/CTF Act. The total for 2006–07 includes both ICTRs and CBM-PC reports. The totals for 2007–08 onwards include
CBM-PC reports only.
Reports of cross-border movements of bearer negotiable instruments
Under the AML/CTF Act, cross-border movements of bearer negotiable instruments (CBM-BNI) reports must
be completed by persons entering or leaving Australia who are carrying bearer negotiable instruments (such
as travellers cheques, cheques or money orders) of any amount, if asked to do so by a Customs and Border
Protection or police officer.

AUSTRAC received 850 CBM-BNI reports in 2010–11.

CBM-BNI reporting volumes 2006–07 to 2010–11

Total number Change from


of reports previous year

2006―07 437 n/a*

2007―08 1,479 n/a*

2008―09 1,635 10.54%

2009―10 918 -43.9%

2010―11 850 -7.4%*

0 500 1000 1500 2000

* CBM-BNI reports were introduced in December 2006 under the AML/CTF Act; therefore the 2006–07 figure represents only
part of the year. Note that CBM-BNIs need to be reported upon request only.

See page 31 of AUSTRAC’s 2010–11 annual report for more information about the various reports AUSTRAC
receives from industry and partner agencies.
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

6
Australia’s financial
intelligence unit
As Australia’s FIU, AUSTRAC analyses the financial • gained five new partner agencies with which it can
information provided by regulated entities and share financial intelligence, following amendments
disseminates this information to its Australian law to the AML/CTF Act – the amendments added the
enforcement, national security, human services, Department of Foreign Affairs and Trade, Defence
regulatory and revenue partner agencies, and Imagery and Geospatial Organisation, Defence
international counterparts. Intelligence Organisation, Defence Signals
Directorate and the Office of National Assessments
AUSTRAC information assists its partners in the to AUSTRAC’s list of ‘designated’ partner agencies
investigation and prosecution of serious criminal
activity, including terrorism financing, organised • completed the implementation of a new analytics
crime and tax evasion. solution to improve AUSTRAC’s financial intelligence
capabilities, and commenced planning for the
AUSTRAC works with 39 designated partner agencies ‘enhanced analytical capability program’, a
and other non-designated agencies in Australia four-year project to further develop the agency’s
and has agreements with FIUs in 59 countries for the intelligence systems
exchange of financial intelligence.
• released the AUSTRAC intelligence strategy 2010–12,
Fast facts which sets out the FIU’s priorities for 2010–11 and
beyond, and its strategies for addressing those
In 2010–11, AUSTRAC: priorities.
• disseminated financial intelligence to more than
40 different government agencies to assist them in See pages 57–87 of AUSTRAC’s 2010–11 annual
their investigations into suspected offences report for more information about AUSTRAC’s
performance as Australia’s FIU.
• provided information which contributed to 1,619
Australian Taxation Office (ATO) cases, resulting in
$241.11 million in additional tax assessments raised
International contributions
• supplied information which contributed to 679
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

In 2010–11, AUSTRAC:
cases and $6.7 million of annualised savings for
Centrelink • entered into an exchange instrument with the
FIU of Fiji, bringing AUSTRAC’s total number of
• in addition to the results listed above, provided
instruments for the international exchange of
intelligence which contributed significantly to
intelligence to 59
576 investigations conducted by AUSTRAC’s law
enforcement, human services and revenue partner • hosted 18 AML/CTF visit and attachment
agencies programs for international delegations
• developed the AUSTRAC typologies and case • provided technical assistance and training
studies report 2011, which was published in including workshops, mentoring and visits
September 2011, to educate industry and partner to partners in South Asia, Africa, Pakistan,
agencies about the methods used by criminals to Indonesia, Philippines and Thailand
commit money laundering and other crimes
• took part in 201 exchanges of financial
• disseminated 55,465 SMRs/SUSTRs to its partner intelligence with overseas FIUs
agencies to assist in their investigations
• continued to work closely with major
7 • made a total of 1,449 disseminations of intelligence international AML/CTF bodies, including the
reports to partner agencies (an increase of 4 per Financial Action Task Force, the Asia/Pacific
cent on the 1,391 reports disseminated in 2009–10) Group on Money Laundering and the Egmont
Group of FIUs.
• continued to play a vital role in important whole-of-
government initiatives to combat crime, including
the government’s Criminal Intelligence Fusion See pages 80–87 of AUSTRAC’s 2010–11
Centre, Project Wickenby, and the Commonwealth annual report for more information about
Organised Crime Strategic Framework AUSTRAC’s contribution to international
AML/CTF efforts.
Case studies
AUSTRAC’s 2010–11 annual report includes several real-
life case studies which demonstrate how AUSTRAC’s
partner agencies use AUSTRAC information in their
investigations into money laundering and other serious
crimes.

Suspects jailed after using offshore Jail for suspects who


scheme to avoid $4 million tax extorted victim for three years

Authorities investigated three suspects for their A law enforcement investigation into
involvement in the use of an offshore scheme blackmail and extortion attempts resulted in
to defraud the Commonwealth and avoid the arrest of two suspects, who were both later
paying almost AUD4 million in tax. found guilty of multiple charges.

The suspects allegedly used an offshore Suspect A and Suspect B extorted money
scheme promoted by an overseas accounting and other assets from a victim over a period
firm to avoid paying the tax: of three years by threatening the victim,
the victim’s family, and their property. The
• A fictitious intermediary company was set extortionists’ demands against the victim were
up by the overseas accounting firm, which initially small, but grew over time to include
charged the main company, owned by cash, company shares and luxury motor
the suspects, for inflated business expenses vehicles.
on 44 separate occasions.
The victim made cash payments to the
• By artificially inflating their business suspects and electronically transferred funds
expenses, the suspects reduced their directly into the suspects’ accounts, which
company’s taxable income and therefore
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

were held in their own names. These payments


the amount of income tax they were totalled approximately AUD150,000. The victim
required to pay. was also forced to take out loans to purchase
two luxury vehicles for the suspects. In addition,
• After the main company paid the inflated
the suspects attempted to obtain shares in the
invoices issued by the intermediary
victim’s company.
company, the funds used to pay the
invoices were diverted into offshore trust AUSTRAC received a number of suspect
funds held in each of the suspects’ names. transaction reports (SUSTRs) and significant
cash transaction reports (SCTRs) detailing
These undeclared company profits were
the pair’s financial activity. The resulting law
subsequently channelled through the
enforcement investigation led authorities to
trust funds and bank accounts, and finally
restrain two luxury vehicles, two properties and
withdrawn by the suspects as cash from
numerous other items, with a total value of
automatic teller machines in Australia.
more than AUD1 million.
Ultimately, two of the suspects were found
Suspect A was charged with 36 counts relating
guilty of conspiring to dishonestly cause a loss
to blackmail and extortion, and sentenced to
to the Commonwealth and sentenced to six-
a minimum of six-and-a-half years jail. Suspect
8 and-a-half years imprisonment.
B was charged with 13 counts of blackmail
Source: AUSTRAC typologies and case studies and extortion, and sentenced to a minimum of
report 2011 (Case study 4) three-and-a-half years jail.

Source: AUSTRAC typologies and case studies


report 2011 (Case study 3)
Industry reporting of suspicious matters
Under the AML/CTF Act, reporting entities which submit SMRs to AUSTRAC are required to specify within the
report one or more ‘reasons for suspicion’ – that is, they must report the suspicious customer behaviour which
prompted them to submit the report to AUSTRAC.

The 10 most common reasons for suspicion during 2010–11 are shown in the chart below. Many of these
categories show large increases compared to 2009–10, reflecting the overall increase in the volume of SMRs
AUSTRAC received in 2010–11.

Reasons for suspicion as reported by industry in SMRs, 2009–10 and 2010–11

Total Total
Reason for suspicion 09―10 10―11
Avoiding reporting obligations 8,135 11,327
Unusual account activity 7,848 10,226
Unusually large cash transaction 5,287 8,297
Suspicious behaviour 4,984 7,672
Inconsistent with customer profile 3,562 6,541
Country/jurisdiction risk 1,435 5,932
Unusual gambling activity 2,123 4,249
Refusal to show identification 2,061 3,584 2009―10
Unusually large transfer 1,622 2,545 2010―11
False name/identity or documents 1,368 2,452

0 2000 4000 6000 8000 10000 12000

See pages 69–75 of AUSTRAC’s 2010–11 annual report for more information about AUSTRAC’s analysis and
dissemination of reports of suspicious matters.
AUSTRAC ANNUAL REPORT 2010–11 │ SUMMARY

Further information
Annual report and media AUSTRAC Help Desk
enquiries Enquiries concerning AUSTRAC, AML/CTF Act
All annual report, media and communications obligations, or other related information, may be
enquires should be directed to: directed to the AUSTRAC Help Desk:

Manager, Corporate Communications PO Box 5516


West Chatswood NSW 1515
Telephone: 03 8636 0585
Telephone: 1300 021 037
Email: corporatecommunications@austrac.gov.au (local call cost within Australia)

AUSTRAC’s 2010–11 annual report is on the Facsimile: 02 9950 0071


9
AUSTRAC website at:
www.austrac.gov.au/annual_report.html Email: help_desk@austrac.gov.au

Help Desk operating hours operating hours are


National Relay Service 8.30am to 5.00pm, Monday to Friday.
Callers who are deaf or have a hearing or speech
Further information is also available on the
impairment can contact AUSTRAC through the
AUSTRAC website: www.austrac.gov.au
National Relay Service.

TTY or computer with modem users:


Phone 133 677 and then ask for 1300 021 037

Speak and listen (speech to speech relay) users:


Phone 1300 555 727 and then ask for 1300 021 037

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