Chief Executive Officer of the Australian Transaction Reports and Analysis Centre v Crown Melbourne Limited [2023] FCA 782

FEDERAL COURT OF AUSTRALIA Chief Executive Officer of the Australian Transaction Reports and Analysis Centre v Crown Melbourne Limited [2023] FCA 782 File number: NSD 134 of 2022

Judgment of: LEE J

Date of judgment: 11 July 2023

Catchwords: CORPORATIONS – Crown casinos – Crown Melbourne and Crown Perth (Crown) – contraventions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (Act) – where Crown provided gaming and financial services to high-risk customers without compliant programmes to manage risk of money laundering and financing of terrorism – where Crown facilitated and profited from high-risk "junket" programmes – failure to conduct ongoing customer due diligence – where admitted contraventions of ss 81(1) and 36(1) of the Act CORPORATIONS – pecuniary penalties – where penalty agreed – proper approach to fixing penalty where extent of loss or damage unknown – where innumerable contraventions of s 81(1) and numerous contraventions of s 36(1) of the Act – fixing of pecuniary penalty under s 175 of the Act – where contraventions on the upper end of scale of seriousness – penalty within the range to achieve specific and general deterrence – declaratory relief – orders made

Legislation: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ss 3(1), 5, 6, 36(1), 36(2), 41, 43, 45, 81(1), 81(2), 84(1), 84(2)(a), 84(2)(c), 84(3)(a), 84(3)(b), 85(1), 85(2)(a), 85(2)(c), 85(3)(a), 85(3)(b), 175(1), 175(3), 175(4), 175(7) Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (Cth) Ch 8, 9, 15, rr 8.4.1, 8.6.5, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 15.9(1), 15.9(3), 15.10, 15.11 Competition and Consumer Act 2010 (Cth) Sch 2, s 224 Evidence Act 1995 (Cth) ss 141, 191 Fair Work Act 2009 (Cth) s 546 Federal Court of Australia Act 1976 (Cth) Pt VB, ss 21, 52 Federal Court Rules 2011 (Cth) r 39.06 Casino Control Act 1992 (NSW) s 76B Casino Control Act 1991 (Vic) s 81AAD