Financial Crime — Proceeds of Crime, Terrorism Financing, Foreign Bribery, Modern Slavery

Financial crime compliance — Proceeds of Crime Act 2002 + Criminal Code money laundering + Criminal Code Part 5.3 terrorism financing + Criminal Code Division 70 foreign bribery + Modern Slavery Act 2018 + explicit AML/CTF Act 2006 non-applicability

Requirements: 11
Last reviewed: 15/04/2026
Next review: 15/04/2027
Source: Current compilations at 2026-04-15

Reconciliation notes

Curated build covering universal financial-crime duties that apply regardless of AML/CTF Act reporting-entity status. Scope rationale: (1) Westlink is NOT a reporting entity under AML/CTF Act 2006 — freight forwarders are not designated service providers, and Tranche 2 reforms (AML/CTF Amendment Act 2024, commencing 1 July 2026) extend to lawyers, accountants, real estate agents, trust/company service providers, precious metals/stones dealers — not freight forwarders. The AML/CTF Act is captured as Reference-only (FC-AML-NA-01) with rationale. (2) Universal duties — Proceeds of Crime Act, Criminal Code money laundering offences, Criminal Code terrorism financing, foreign bribery — apply to all persons. (3) Modern Slavery Act — reporting obligation triggered at AUD$100M consolidated revenue; needs operational confirmation. Scoped as Applicable with a coverage caveat. (4) Sanctions are NOT in this framework — captured in customs-act.md (CUS-SAN-01..03). Single sanctions-screening procedure remediates both customs and financial-crime sanctions exposure. Total requirements: 12. Applicable: 10. Reference-only: 2. Coverage on Applicable rows: Full=0, Partial=8, Gap=2. Gap severities: Critical=0, High=2, Medium=5, Low=1. Better profile than Customs because four ABAC/ethics policies exist (GOV-POL-012 Anti-Bribery, GOV-POL-013 Modern Slavery, GOV-POL-018 Whistleblower, GOV-POL-019 Gifts and Hospitality) — main gaps are operational procedure integration with sanctions screening.

Requirements

Showing 11 of 11 requirements

ID	Clause	Requirement	Applicability	Coverage	Evidence	Gap
FC-AML-NA-01	Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) s.6 (designated services)	The AML/CTF Act applies to reporting entities providing designated services listed in s.6 (Tables 1, 3) — financial institutions, remittance providers, bullion dealers, gambling providers, digital currency exchange providers. Tranche 2 reforms (AML/CTF Amendment Act 2024, commencement 1 July 2026) extend the regime to lawyers, accountants, real estate agents, trust and company service providers, and dealers in precious metals/stones. Freight forwarders are not captured in either tranche.	Not Applicable	Referenced-only	—	Not Applicable — Westlink is not a reporting entity. Reference-only row to document scope boundary and basis of non-applicability. Re-assess if (a) Tranche 3 reforms extend designated services to transport/logistics, or (b) Westlink commences providing a designated service (e.g. remittance on behalf of customers, currency exchange, bullion dealing).
FC-POCA-01	Proceeds of Crime Act 2002 (Cth) s.400 series (dealing in proceeds of crime is a criminal offence under the Criminal Code)	It is a criminal offence to deal with money or property that is the proceeds of crime, or to deal with property intending it to become an instrument of crime. Universal duty on all persons. Recklessness or negligence suffices for some offences (Criminal Code s.400.3–400.8).	Applicable	Partial	GOV-POL-012 §Policy Commitments — Anti-Bribery Policy addresses integrity commitments. No explicit proceeds-of-crime screening procedure. GOV-POL-018 §Purpose — Whistleblower Policy provides reporting path for suspected criminal conduct including financial crime.	Medium No documented red-flag procedure for identifying suspicious transactions (unusual payment structures, third-party payments, opaque ownership, geographic risk). Low inherent volume for a freight forwarder but sanction exposure creates natural overlap — extend sanctions-screening procedure (from CUS-SAN-01..03 remediation) to include POCA red flags.
FC-POCA-02	Proceeds of Crime Act 2002 Part 2-6 (information-gathering powers); POCA + AFP/CDPP practice	Persons may be subject to production orders, monitoring orders, and freezing orders under POCA where property is suspected of being proceeds of crime. Entities receiving such orders must comply promptly and preserve information.	Applicable	Gap	—	Medium P1.2 data-quality fix (2026-06-19, CF): coverage corrected from the erroneous 'Not Applicable' (an Applicable row cannot have N/A coverage — mislabel from the audit-QHSE-MAN-001 re-baseline) to Gap. POCA production/monitoring/freezing orders bind any person served; low probability but high consequence — an order received without a defined response path risks procedural errors. Residual: no specific POCA-order response procedure (QHSE-MAN-001 §11.3 references general legal-compliance monitoring only). Add to the customs/legal-response procedure.
FC-ML-01	Criminal Code Act 1995 Schedule Division 400 (money laundering offences)	A person commits an offence if they deal with money or property that is, or a reasonable person would suspect is, proceeds of crime or an instrument of crime. Offences graded by mental element (intention, recklessness, negligence) and value (scaled penalties). Applies to all persons regardless of industry.	Applicable	Partial	GOV-POL-012 §Policy Commitments — Anti-Bribery and related integrity commitments provide partial coverage; no money-laundering-specific awareness.	Medium Add money-laundering red flags to the sanctions-screening/customer-onboarding procedure. Training module for commercial and operations staff.
FC-TF-01	Criminal Code Act 1995 Schedule s.102.6, s.102.7	A person must not provide or receive funds that may be used to facilitate a terrorist act; must not provide support (including logistical support) to a terrorist organisation; and must not make funds, financial assets, or economic resources available to a person or entity listed under the UN Sanctions framework for terrorism.	Applicable	Gap	—	High No terrorism-financing / UN-sanctions screening content in the WMS corpus.
FC-TF-02	Criminal Code Part 5.3 Divisions 101–102	Broader terrorism offences include membership of a terrorist organisation, association with terrorist organisations, training with terrorist organisations, and recruiting for a terrorist organisation. Workforce screening (AS 4811:2022) provides first-line assurance.	Applicable	Gap	—	Medium Workforce screening is the primary control. HR-PRO-001 Workforce Screening Procedure (based on AS 4811-2022) is live in the WMS library (09/06/2026), but does not specifically address ASIO-adverse or terrorism-related (Criminal Code Part 5.3) checks for relevant roles; that coverage remains to be confirmed.
FC-FB-01	Criminal Code Act 1995 Schedule Division 70 (bribery of foreign public officials)	A person commits an offence if they provide (or offer or promise to provide) a benefit to another person intending to influence a foreign public official in the exercise of their duties, with the intention of obtaining or retaining business or a business advantage. Applies extraterritorially to Australian citizens, residents, and bodies corporate incorporated in Australia.	Applicable	Full	GOV-POL-012 §Policy Commitments — Anti-Bribery Policy prohibits bribery (domestic and foreign). Compliant with Division 70 at policy level. GOV-POL-019 §Policy Commitments — Gifts and Hospitality Policy provides thresholds and approval processes.
FC-FB-02	Criminal Code Act 1995 s.70.3 (facilitation payments exception — narrow)	A narrow facilitation-payments exception exists where the payment is of a minor nature to expedite a routine government action. Strict criteria — must be documented promptly (record of payment, date, person, purpose, value). The Combatting Foreign Bribery Bill 2024 proposes removing the facilitation-payments exception — track for legislative change.	Applicable	Partial	GOV-POL-012 §Policy Commitments — Anti-Bribery Policy addresses facilitation payments (policy position to be verified).	Medium Confirm GOV-POL-012 position on facilitation payments — leading practice is to prohibit even where the statutory exception still exists. Pre-empt the proposed statutory change.
FC-MS-01	Modern Slavery Act 2018 (Cth) s.5 (reporting threshold)	A reporting entity is an Australian entity (or an entity carrying on business in Australia) with consolidated annual revenue of at least AUD $100M for a reporting period. Reporting entities must prepare and lodge an annual Modern Slavery Statement with the Attorney-General's Department.	Applicable	Partial	GOV-POL-013 §Purpose / Scope — Modern Slavery Policy applies regardless of the reporting threshold (voluntary alignment with the Act). QHSE-PRO-002 §6.2, 6.9 — QHSE-PRO-002 §6.2.2 modern slavery evaluation criteria and §6.9 Supplier Code of Conduct apply Modern Slavery Act 2018 (Cth) reporting-entity expectations to Westlink suppliers and sub-tier.	Medium P1.2 relevance adjudication (2026-06-19, CF): Westlink's consolidated annual revenue is below the AUD $100M s.5 reporting threshold (<$50M), so the STATUTORY mandatory-statement obligation does NOT bind. Basis relabelled statutory->VOLUNTARY/CONTRACTUAL — a voluntary Modern Slavery Statement remains warranted given JOSCAR and defence-prime customer flow-down expectations, but it is not a statutory mandate. Severity reduced High->Medium accordingly. Re-test if revenue approaches $100M in any reporting period.
FC-MS-02	Modern Slavery Act 2018 s.16 (mandatory reporting criteria)	Modern Slavery Statements must address seven mandatory criteria: entity identity; structure/operations/supply chains; risks of modern slavery practices in operations and supply chains; actions taken to assess and address those risks (due diligence and remediation); effectiveness assessment; consultation with owned/controlled entities; and any other information the entity considers relevant.	Applicable	Partial	GOV-POL-013 §Policy Commitments / Responsibilities — Policy commits to modern slavery due diligence and supply-chain risk assessment. QHSE-PRO-002 §6.2, 6.9 — QHSE-PRO-002 §6.2.2 evaluation criteria and §6.9 Code of Conduct cover Modern Slavery Statement mandatory criteria (identity, structure, supply-chain risk, due diligence and remediation, effectiveness, consultation) at the supplier flow-down level.	Medium P1.2 relevance adjudication (2026-06-19, CF): the s.16 seven-mandatory-criteria obligation attaches only once the s.5 reporting threshold ($100M) is met; Westlink is below threshold (<$50M) so these are NOT statutorily required. Basis relabelled statutory->VOLUNTARY/CONTRACTUAL (JOSCAR/defence flow-down). Severity reduced High->Medium. Residual (voluntary): operational mechanisms — supply-chain mapping, supplier due-diligence questionnaires, risk assessment, effectiveness metrics — remain advisable; integrate with sub-contractor assurance + supplier onboarding. JOSCAR answer-integrity: several JOSCAR modern-slavery answers may overstate current evidence (cross-reference JOSCAR refresh log).
FC-WB-01	Corporations Act 2001 Part 9.4AAA (Whistleblower protections) + Taxation Administration Act 1953 (tax whistleblowers)	A public company or large proprietary company must have a whistleblower policy. Eligible recipients for disclosures include officers, senior managers, auditors, actuaries, and regulatory authorities. Protected disclosures receive statutory immunity and the entity must protect the whistleblower's identity.	Reference only	Referenced-only	GOV-POL-018 §whole document — Whistleblower Policy present. Reference-only to acknowledge coverage without duplicating governance framework.

Source document

Financial crime compliance — Proceeds of Crime Act 2002 + Criminal Code money laundering + Criminal Code Part 5.3 terrorism financing + Criminal Code Division 70 foreign bribery + Modern Slavery Act 2018 + explicit AML/CTF Act 2006 non-applicability

11 normative shall-statements extracted from Financial Crime — Proceeds of Crime, Terrorism Financing, Foreign Bribery, Modern Slavery (source: Proceeds of Crime Act 2002 (Cth) + Criminal Code Act 1995 (Cth) Schedule — Chapter 4 (Division 400 money laundering), Part 5.3 (terrorism), Division 70 (foreign bribery) + Modern Slavery Act 2018 (Cth) + Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (scope-setting reference only)). The frontmatter requirements array is the source of truth — this body is rendered by scripts/render_compliance.py.

Coverage summary

Coverage	Count
✅ Full	1
🟡 Partial	5
🟠 Ref-only	2
🔴 Gap	3
— N/A	0

Gap severity distribution

Severity	Count
🔴 Critical	0
🟠 High	1
🟡 Medium	7
🟢 Low	0

Requirements

Clause Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) s

ID	Coverage	Evidence	Gap	Notes
FC-AML-NA-01	🟠 Ref-only	—		N/A —

Clause Corporations Act 2001 Part 9

ID	Coverage	Evidence	Gap	Notes
FC-WB-01	🟠 Ref-only	[GOV-POL-018 §whole document](/wms/GOV-POL-018#swhole document)

Clause Criminal Code Act 1995 Schedule Division 400 (money laundering offences)

ID	Coverage	Evidence	Gap	Notes
FC-ML-01	🟡 Partial	[GOV-POL-012 §Policy Commitments](/wms/GOV-POL-012#sPolicy Commitments)	🟡 Medium	Add money-laundering red flags to the sanctions-screening/customer-onboarding procedure. Training module for commercial and operations staff.

Clause Criminal Code Act 1995 Schedule Division 70 (bribery of foreign public officials)

ID	Coverage	Evidence	Gap	Notes
FC-FB-01	✅ Full	[GOV-POL-012 §Policy Commitments](/wms/GOV-POL-012#sPolicy Commitments) [GOV-POL-019 §Policy Commitments](/wms/GOV-POL-019#sPolicy Commitments)

Clause Criminal Code Act 1995 Schedule s

ID	Coverage	Evidence	Gap	Notes
FC-TF-01	🔴 Gap	—	🟠 High	No terrorism-financing / UN-sanctions screening content in the WMS corpus.

Clause Criminal Code Act 1995 s

ID	Coverage	Evidence	Gap	Notes
FC-FB-02	🟡 Partial	[GOV-POL-012 §Policy Commitments](/wms/GOV-POL-012#sPolicy Commitments)	🟡 Medium	Confirm GOV-POL-012 position on facilitation payments — leading practice is to prohibit even where the statutory exception still exists. Pre-empt the proposed statutory change.

Clause Criminal Code Part 5

ID	Coverage	Evidence	Gap	Notes
FC-TF-02	🔴 Gap	—	🟡 Medium	Workforce screening is the primary control. HR-PRO-001 Workforce Screening Procedure (based on AS 4811-2022) is live in the WMS library (09/06/2026), but does not specifically address ASIO-adverse or terrorism-related (Criminal Code Part 5.3) checks for relevant roles; that coverage remains to be confirmed.

Clause Modern Slavery Act 2018 (Cth) s

ID	Coverage	Evidence	Gap	Notes
FC-MS-01	🟡 Partial	[GOV-POL-013 §Purpose / Scope](/wms/GOV-POL-013#sPurpose / Scope) [QHSE-PRO-002 §‘6.2, 6.9’](/wms/QHSE-PRO-002#s’6.2, 6.9’)	🟡 Medium	P1.2 relevance adjudication (2026-06-19, CF): Westlink’s consolidated annual revenue is below the AUD $100M s.5 reporting threshold (<$50M), so the STATUTORY mandatory-statement obligation does NOT bind. Basis relabelled statutory->VOLUNTARY/CONTRACTUAL — a voluntary Modern Slavery Statement remains warranted given JOSCAR and defence-prime customer flow-down expectations, but it is not a statutory mandate. Severity reduced High->Medium accordingly. Re-test if revenue approaches $100M in any reporting period.

Clause Modern Slavery Act 2018 s

ID	Coverage	Evidence	Gap	Notes
FC-MS-02	🟡 Partial	[GOV-POL-013 §Policy Commitments / Responsibilities](/wms/GOV-POL-013#sPolicy Commitments / Responsibilities) [QHSE-PRO-002 §‘6.2, 6.9’](/wms/QHSE-PRO-002#s’6.2, 6.9’)	🟡 Medium	P1.2 relevance adjudication (2026-06-19, CF): the s.16 seven-mandatory-criteria obligation attaches only once the s.5 reporting threshold ($100M) is met; Westlink is below threshold (<$50M) so these are NOT statutorily required. Basis relabelled statutory->VOLUNTARY/CONTRACTUAL (JOSCAR/defence flow-down). Severity reduced High->Medium. Residual (voluntary): operational mechanisms — supply-chain mapping, supplier due-diligence questionnaires, risk assessment, effectiveness metrics — remain advisable; integrate with sub-contractor assurance + supplier onboarding. JOSCAR answer-integrity: several JOSCAR modern-slavery answers may overstate current evidence (cross-reference JOSCAR refresh log).

Clause Proceeds of Crime Act 2002 (Cth) s

ID	Coverage	Evidence	Gap	Notes
FC-POCA-01	🟡 Partial	[GOV-POL-012 §Policy Commitments](/wms/GOV-POL-012#sPolicy Commitments) GOV-POL-018 §Purpose	🟡 Medium	No documented red-flag procedure for identifying suspicious transactions (unusual payment structures, third-party payments, opaque ownership, geographic risk). Low inherent volume for a freight forwarder but sanction exposure creates natural overlap — extend sanctions-screening procedure (from CUS-SAN-01..03 remediation) to include POCA red flags.

Clause Proceeds of Crime Act 2002 Part 2-6 (information-gathering powers); POCA + AFP/CDPP practice

ID	Coverage	Evidence	Gap	Notes
FC-POCA-02	🔴 Gap	—	🟡 Medium	P1.2 data-quality fix (2026-06-19, CF): coverage corrected from the erroneous ‘Not Applicable’ (an Applicable row cannot have N/A coverage — mislabel from the audit-QHSE-MAN-001 re-baseline) to Gap. POCA production/monitoring/freezing orders bind any person served; low probability but high consequence — an order received without a defined response path risks procedural errors. Residual: no specific POCA-order response procedure (QHSE-MAN-001 §11.3 references general legal-compliance monitoring only). Add to the customs/legal-response procedure.

Rendered from frontmatter by scripts/render_compliance.py. Source extraction: scripts/extract_iso9001_requirements.py. Evidence population: scripts/populate_iso9001_evidence.py. Validate: scripts/compliance_validate.py.