May.17, 2010

After fielding a number of calls from publicans concerned about their anti-money laundering obligations, TheShout asked AHA NSW CEO, Sally Fielke, to clarify the situation.

Anti-Money Laundering Obligations – Why are hotels caught?

The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“the AML/CTF Act”) commenced on 12 December 2006 and was enacted to attempt to combat money laundering and terrorism financing on both a domestic and international level.

The AML/CTF Act imposes obligations on organisations (which are called ‘reporting entities’) that provide the designated services under the AML/CTF Act. Designated services include the financial and banking sectors, gaming, bullion dealers and some professions such as accountants and lawyers.

These obligations relate to customer due diligence, reporting requirements, record-keeping and developing and maintaining an AML/CTF program in an attempt to minimise the risks of money being laundered through Australian businesses.

By virtue of having gaming machines, hotels come within the definition of reporting entities and therefore, are required to comply with the obligations under the AML/CTF Act. Hotels which provide international currency exchange may also be considered reporting entities, depending on the nature and level of their currency exchange services to their guests.