AUSTRAC has launched Federal Court civil penalty proceedings against Mount Pritchard District and Community Club (Mounties), for alleged serious and systemic non-compliance with Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) laws.

AUSTRAC alleges that Mounties contravened the AML/CTF Act, providing gaming services to its customers in circumstances where it had not adopted and maintained an AML CTF programme in compliance with the AML/CTF Rules.

AUSTRAC CEO Brendan Thomas said AUSTRAC alleges failures in Mounties’ approach to its anti-money laundering obligations have left it open to criminal exploitation.

“Mounties is one of the largest and most profitable club groups in NSW. It owns 10 venues, 8 of which operate approximately 1,400 poker machines and it makes hundreds of millions of dollars in revenue from money gambled on those machines,” Mr Thomas said.

“This is a big company with an even bigger responsibility to ensure its clubs are managing the risks that criminals can run dirty money through its gaming machines.

“AUSTRAC’s 2024 Money Laundering in Australia National Risk Assessment identified pubs and clubs as a medium risk sector, but when those businesses are exposed to cash, especially in circumstances where known money laundering risks are not being managed, the risk increases.”

“A business operating at this scale, in a cash intensive sector, is exposed to a high degree of money laundering risk. In 2022 for example, the NSW Crime Commission released its Project Islington report which determined that billions of the approximately $95b gambled in NSW poker machines in 2021-22 was likely to be dirty money.”

AUSTRAC alleges Mounties AML/CTF programme:

• did not have an adequate risk assessment

• did not contain appropriate staff risk awareness training

• did not contain appropriate risk based systems and controls in its transaction monitoring programme

• did not include appropriate risk based systems and controls in its enhanced customer due diligence processes

• was not subject to an independent review that met the requirements of the Rules

• and that Mounties failed to appropriately monitor a number of its customers with a view to identifying, mitigating and managing the money laundering risk that Mounties faced.

AUSTRAC also alleges Mounties failed to appropriately maintain its AML/CTF Programme, with aspects of its programme outsourced to a third party provider, Betsafe – which also provides AML/CTF programmes to a number of other pubs and clubs.

“Like many other AUSTRAC reporting entities, Mounties outsources aspects of its AML/CTF program but what it can’t outsource is its AML/CTF obligations.”

“Relying on third party providers doesn’t absolve a business of its obligations under the AML/CTF Act. If a reporting entity outsources key parts of its program to a service that is not fit for purpose – especially without proper oversight or resourcing – they run a real risk of non-compliance.

“All reporting entities, regardless of size, must stay actively involved in how their AML/CTF program is designed, implemented and monitored and I would say the same thing to other pubs and clubs who think bringing in a provider is a set and forget solution.”

AUSTRAC also alleges a number of specific instances where Mounties failed to appropriately monitor specific customers, despite the money laundering risks they presented.

“Customer due diligence and transaction monitoring in a club that processes hundreds of millions of dollars a year through its poker machines, a significant amount of which is cash, is going to require a robust approach when it comes to verifying a customer’s source of funds,” said Mr Thomas.

It is now a matter for the Federal Court of Australia to determine whether Mounties contravened the Act and, if so, what orders to make.