map-designated-services-l0cka

Map Designated Services

Map described legal services to the designated services in table 6 of the amended AML/CTF Act. Separate designated, not designated and cannot be determined — never guess and never clear a service the registry does not cover.

Read the source and control method, use an approved profile per the practice profile schema and work from the designated services registry.

Workflow

1. Fix the services and time.
   • Record each service to be mapped: what the practice actually does, for whom, the client-facing outcome and whether it is current or proposed. Record the date of assessment.
   • Require an approved, current practice profile; record any gap.
2. Map each service against the registry.
   • Test the described activity against each table 6 item in the registry, applying the recorded scope notes: the sufficiently-linked principles (assistance must directly advance the transaction, creation or restructure — merely influencing, general advice or ancillary services is not enough), the in-the-course-of-carrying-on-a-business element, the external-customer requirement and, for items 1–2, the court-or-tribunal-order carve-out.
   • Verify the item text and any decisive element against the Act through $check-commonwealth-legislation at the assessment date; record the AUSTRAC guidance section relied on with its last-updated date.
3. Test exemptions as claims, not conclusions.
   • Where the profile claims a standing exemption (legal aid commission, community legal centre, barrister acting for Australian government bodies) or the incidental trust-money position under subsection 6(5C), record the claimed basis and its decisive facts. Note that the trust-money exemption operates at the level of the whole practice, so any designated service elsewhere in the practice defeats it.
4. Assemble the map.
   • For each service: designated (item number, why each element is met), not designated (which element fails and why) or cannot be determined (what fact or verification is missing). Note the geographical-link element as a separate check for cross-border services.
   • Flag consequences for human decision only — enrolment timing and obligations are stated as verified propositions with sources, never as directions.
5. Set the human decision gate.
   • Name the reviewer who must confirm the mapping, resolve every cannot be determined entry and decide any next step.