Regulatory Regimes and Organised Crime: Report (html)

Accessorial liability

Liability for being involved in the contravention of a law by another person, such as by aiding and abetting the contravention or being knowingly concerned in the contravention.

Agency

Unless the context indicates otherwise, a generic term referring to various types of government bodies, including government departments, police forces, and independent statutory authorities.

Australian Crime Commission (ACC)

The national criminal intelligence and investigation agency. The ACC seeks to combat serious and organised crime.

Australian Institute of Criminology (AIC)

A national centre that conducts research into crime and criminal justice issues.

Australian Transaction Reports and Analysis Centre (AUSTRAC)

The national anti-money laundering and counter-terrorism financing regulator and financial intelligence unit.

Beneficial ownership

The beneficial owners of a company are the natural persons who ultimately own or control the company. They may do so directly through personal shareholdings in the company, or indirectly through other persons (such as nominees), intermediary companies or trusts. Sometimes there are several intermediate structures between the company and the beneficial owner.

Cleanskin

This term is typically used in the context of licensing schemes. A ‘cleanskin’ is a person with a clean background who applies for a licence as a front person for an organised crime group. A ‘cleanskin’ is likely to have no easily discoverable links to organised crime nor other attributes (such as a relevant criminal record) that make her/him likely to be refused a licence. A ‘cleanskin’ can, therefore, be used by an organised crime group to attempt to infiltrate an occupation or industry.

Criminal intelligence

Information held by law enforcement agencies that raises suspicions about a person’s links to criminal activity as distinct from criminal activity that has been proven (that is, through a successful prosecution).

Financial Action Task Force (FATF)

An international, intergovernmental body that provides guidance about anti-money laundering policies. Australia is a member of the FATF.

Independent Broad-based Anti-corruption Commission (IBAC)

A Victorian Government agency responsible for the investigation and prevention of public sector corruption and police misconduct.

Know your customer (KYC)

A form of due diligence conducted by businesses that involves verifying the identity of a customer and obtaining other relevant information about the customer, in order to avoid enabling/facilitating criminal or other unlawful activity by the customer.

Know your supplier (KYS)

A form of due diligence conducted by businesses and government agencies that involves verifying the identity of a supplier and obtaining other relevant information about the supplier, in order to avoid doing business with a supplier that may be involved in criminal or other unlawful activity.

Money laundering

Dealing with assets (eg money or property) obtained through the commission of crime in a way which masks ownership of those assets and makes them appear to have come from legitimate sources.1

Outlaw motorcycle gang (OMG)

A term commonly used by law enforcement agencies to describe motorcycle clubs that may be engaged in, or whose members may be engaged in, criminal activity. An outlaw motorcycle gang is distinct from a law-abiding, recreational motorcycle club.

Phoenix activity

The deliberate liquidation of a corporate trading entity which occurs with the fraudulent or illegal intention to avoid tax and other liabilities, such as employee entitlements, and to continue the operation and profit-taking of the business through another trading entity.2

Precursor chemical/precursor

A chemical that can be used to make illicit drugs.

Regulator

An agency that regulates an occupation or industry. A regulator may, for example, consider applications for licences to operate in an occupation or industry, and monitor compliance with the legislation that governs an occupation or industry.

Regulatory regime

The laws, regulations, policies and instruments that govern the entry of people into, the conduct of people within, and the exit of people from an occupation or industry.

Victorian Civil and Administrative Tribunal
(VCAT)

A tribunal, presided over by a Supreme Court judge, that deals with civil and administrative disputes, including the review of decisions by government agencies about business and occupational licensing, and disciplinary proceedings for misconduct in particular occupations and industries.