1. Use of a Correspondent
1.1 ANZ may, in certain circumstances, use a Correspondent to make the payment.
1.2 ANZ may terminate the use of a Correspondent to process a payment on behalf of ANZ. Should ANZ terminate a Correspondent, ANZ may not be able to process a payment instruction on your behalf. ANZ will contact you promptly should ANZ not be able to process your payments. You acknowledge and agree that should this occur, ANZ will not be held liable for any cost, loss or liability incurred by you or the beneficiary as a result of ANZ not being able to process your payments in connection with the termination of a Correspondent.
1.3 ANZ may receive a commission from, or enter into commission/revenue sharing arrangements with, the Correspondent, the amount of which will depend on various factors.
2. Correspondent commissions, fees or other charges
2.1 A Correspondent may charge commissions, fees or other charges in making the payment to the beneficiary’s account. Unless other arrangements are in place with the Correspondent, those commissions, fees or charges will normally either be deducted by the Correspondent from the funds paid to the beneficiary’s account, or passed on to ANZ.
2.2 Where the deduction is made, the beneficiary will receive less than the payment amount specified in your instructions.
2.3 If the commissions, fees or other charges are passed to ANZ, then you will be required to reimburse ANZ for them.
2.4 At your request, ANZ will seek to obtain, within ten working days, details of the commissions, fees or other charges for specified Correspondent(s) used by ANZ. You acknowledge that ANZ's ability to obtain such details is reliant on the co-operation of the specified Correspondent(s).
3. Delayed Payment
3.1 Funds transferred overseas by ANZ should be available for payment to the beneficiary’s account within forty-eight hours of ANZ accepting your instructions.
3.2 ANZ will not be liable for any costs, losses or damages if a Delayed Payment occurs and ANZ acted in good faith on your instructions.
3.3 You agree that ANZ may decide in its absolute discretion to delay your payment while ANZ seeks to confirm your instructions and the legitimacy of the payment, and/or your identity, to ANZ's satisfaction.
3.4 ANZ may contact you to confirm your instructions or your identity and may ask you to undertake further actions (such as an identification check). Without limitation to clause 6, if ANZ is unable to confirm your instructions or your identity to its satisfaction, then ANZ may delay, block or refuse to make
payment and in doing so will not be liable for any costs, losses or damages caused or suffered as a result.
4. Enquiries and stopping or cancelling a payment
4.1 In some limited circumstances, ANZ may be able to stop or cancel a transfer of funds.
4.2 Contact ANZ's International Support Centre on 1800 681 683 (outside Australia + 61 3 8646 8923) to request ANZ to stop or cancel a payment, or request an enquiry. Contact hours are Weekdays 8am – 7pm (AEST/AEDT).
4.3 You acknowledge that if ANZ agrees to stop or cancel a payment, ANZ will not return the funds to you until they are received by ANZ from the Correspondent. If the funds have not yet been sent by ANZ, they will be available to you on the same day that you made the request to stop or cancel the relevant
payment. If you requested the funds to be withdrawn from an ANZ bank account, the funds will be returned to this account.
4.4 Where you request ANZ to stop or cancel a payment or transfer of funds, ANZ will charge you fees in accordance with these terms and conditions. The fees are applicable regardless of whether or not ANZ is successful in stopping or cancelling the payment. You acknowledge that Correspondents may also charge a fee and that this will be deducted from the returned funds.
4.5 You also agree that:
(a)You will indemnify and make good any cost, loss or liability that ANZ may incur as a result of your request to ANZ to stop or cancel a payment unless such cost, loss or liability is caused by ANZ’s gross negligence or wilful misconduct;
(b)ANZ will convert the value of the returned payment into Australian Dollars using ANZ’s applicable prevailing rate on the day you notify ANZ to return the payment and that you will be liable for any shortfall where there is a foreign exchange movement on and from the date of the original conversion of your funds and the date you notified by ANZ of the return of the payment.
5. Instructions given by telephone to stop or cancel a payment
5.1 ANZ will request that you provide Identification Information where you provide ANZ with any instructions by telephone.
5.2 You agree that:
(a)You must keep all Identification Information secure and confidential at all times;
(b)ANZ will rely on this Identification Information to proceed with any instructions given by telephone;
(c)ANZ will not be liable for any costs, loss or liability you may incur should you disclose or otherwise make available Identification Information to any third parties; and
You will indemnify ANZ and make good any costs, loss or liability ANZ may reasonably incur in relying any instructions you provide by telephone unless such costs, loss or liability arose from ANZ’s gross negligence or wilful misconduct.
6. Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) and Sanctions
6.1 You agree that ANZ may delay, block or refuse to process any transaction without incurring any liability if ANZ suspects that the transaction:
(a)may breach any laws or regulations in Australia or in any other country;
(b)involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United Nations, the European Union or any country; or
(c)may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.
6.2 You must provide all information to ANZ which ANZ reasonably requires in order to manage anti-money laundering or counterterrorism financing and economic and trade sanctions risk or to comply with any laws or regulations in Australia or any other country.
6.3 You agree that ANZ may disclose any information concerning it or any person named in the payment instruction to:
(a) any law enforcement, regulatory agency or court where required by any such law or regulation in Australia or elsewhere; and
(b) any correspondent ANZ uses to make payment for the purpose of compliance with any such law or regulation.
6.4 Unless you have disclosed to ANZ that you are acting in a trustee capacity or on behalf of another party, you warrant that you are acting on your own behalf in entering into these terms and conditions.
6.5 You declare and undertake to ANZ that the processing of any transaction by ANZ in accordance with your instructions will not breach any laws or regulations in Australia or any other country.
7. Return of the Payment by the Correspondent
In the event that a payment cannot be applied by a Correspondent, the Correspondent will either request additional information or return the payment to ANZ, less any fees. Where additional information is requested, ANZ will attempt to contact you via SecureMail to obtain the required information. It is your responsibility to monitor your SecureMail regularly after you request a payment.
Where the payment is returned, ANZ will credit your account with the Australian Dollar equivalent of the amount received (less our charges), at our prevailing buying rate of exchange for that currency on the date that we credit your account. Please note that this rate of exchange is likely to be different from the rates which applied when you requested your payment.
8. ANZ's fees
8.1 ANZ's fees for this service are as follows:
Please note that an international money transfer may be subject to commissions, fees and other charges applied at the receiver’s end. These commissions, fees or charges will generally be deducted from the funds paid to the receiver.
|Arranging an International Money Transfer through ANZ Internet Banking (using an ANZ transaction account or ANZ credit card only)
||Free – foreign currency payments $10,000 and over (AUD equivalent)
$12.00 – foreign currency payments under $10,000 (AUD equivalent)
$18.00 – AUD payments
$9.00 - AUD payments to Fiji, Vanuatu, Tonga, Samoa, Kiribati, Solomon Islands and Cook Islands
|Cancelling the IMT service after it has been requested (in addition to the fee for initially providing the service)
||$25.00 plus any out of pocket expenses incurred by ANZ.
|Making amendments to original payment details (in addition to the fee for initially providing the service)
||$25.00 plus any out of pocket expenses incurred by ANZ.
|Making enquiries regarding a payment to the beneficiary (for example querying the non-receipt of funds)
|Return of the payment by the Correspondent (in addition to the fee for initially providing the service)
||$25.00 plus any out of pocket expenses incurred by ANZ.
Additional fees and charges may apply if using an ANZ Credit Card for an International Money Transfer.
8.2 You agree that ANZ may debit your account for any fees, commissions or other charges and expenses as outlined in these terms and conditions.
9. Exchange rate
Where you purchase an International Money Transfer in a currency other than Australian dollars, then the exchange rate that applies to the purchase of the International Money Transfer is the rate displayed and accepted within ANZ Internet Banking at the time when your request for the International Money Transfer is submitted.
ANZ's general collection, use and disclosure of Personal Information
10.1 If You do not provide ANZ with some or all of the Personal Information that ANZ requests, ANZ may be unable to provide You with any product or service.
10.2 ANZ may collect and use Personal Information:
(a) to provide You with information about a product or service;
(b) to consider and process Your request for a product or service;
(c) to provide a product or service to You;
(d) to tell You about other products and services;
(e) to assist in arrangements with other organisations in relation to the promotion or provision of product or service;
(f) to manage products and services and perform administrative and operational tasks;
(g) to consider any concerns or complaints raised by You against ANZ and/or to manage any legal action involving ANZ;
(h) to identify, prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
(i) to identify You or establish Your tax status under any Law or pursuant to an agreement with any tax Authority; and
(j) as required by relevant Laws and external payment systems.
(a) any Law that require or authorise ANZ to collect certain Personal Information and why that Law requires ANZ to collect such Personal Information;
(b) the circumstances in which ANZ may collect Personal Information from other sources (including from a third party); and
(c) how an individual may:
(i) access their Personal Information and seek correction of their Personal Information;
(ii) instruct ANZ that the individual does not want to receive information about other products and services; and
(iii) raise concerns that ANZ may have breached the Privacy Act 1988 (Cth) or related code, and
(iv) how ANZ will deal with these matters.
10.4 ANZ may disclose any information regarding You (including Personal Information and information relating to Your financial condition, any of Your associated products or services) to:
(a) any related entity of ANZ which may use the information to:
(i) provide, manage or administer products or services;
(ii) carry out ANZ’s functions and activities;
(iii) manage products and services and perform administrative and operational tasks;
(iv) promote its own products and services, unless You advise otherwise; and
(v) comply with any Laws.
(b) an organisation that is in an arrangement with ANZ to jointly offer products or services and/or has an alliance with ANZ to share information for marketing purposes (and any of its outsourced service providers or agents);
(c) any agent, contractor or service provider ANZ engages to carry out or assist with its functions and activities;
(d) an organisation that assists ANZ to identify, prevent or investigate fraud, unlawful activity or misconduct;
(e) regulatory bodies, government agencies, law enforcement bodies and courts;
(f) participants in payments systems (including payment organisations and merchants) and other financial institutions;
(g) other credit providers;
(h) insurers (including mortgage insurers) and reinsurers;
(i) any person who introduces You to ANZ;
(j) Your referee(s), employer or representative (including any authorised agent, executor, administrator or trustee in bankruptcy, legal representative or anyone else acting for You in connection with Your product or service);
(k) joint account holders;
(l) any provider or potential provider of a guarantee, security or other credit support for Your obligations to ANZ;
(m) other parties ANZ is authorised or required by law or court/tribunal order to disclose information to;
(n) any professional advisors of ANZ who are under a duty of confidentiality to keep such information confidential;
(o) any person with whom ANZ may enter into a transfer, assignment, participation or other agreement in connection with Your facilities; and
(p) any credit reporting bodies (for more information about credit reporting in relation to Personal Information, including the name and contact details of credit reporting bodies and the circumstances in which ANZ may disclose Personal Information to them,
refer to (anz.com/privacy).
10.5 In making the disclosures described above, ANZ may disclose information to recipients (including service providers and related entities of ANZ):
(a) located outside Australia; and/or
(b) not established in or not carrying on business in Australia. Details regarding the location of such recipients may be found at anz.com/privacy.
Specific privacy agreement and authorisation relevant to IMTs
10.6 You acknowledge, confirm and agree that You consent to ANZ disclosing Your Personal information (which may include Your name, address, date of birth, place of birth, nationality and passport number) to an overseas Correspondent and/or an Authority for the purpose of completing Your Instruction to send an IMT and responding to an AML Request. By consenting to this disclosure, You acknowledge and agree that:
(a) such overseas recipients of Your Personal Information may not be subject to Australian privacy laws;
(b) ANZ will not be taking steps to ensure that such overseas recipients handle Your Personal Information according to the standards that apply under Australian privacy Laws and will not be accountable for any breaches of Australian privacy Laws by the overseas recipient;
(c) You may not be able to seek redress (whether in Australia or overseas) for any breaches of the Privacy Act 1988 (Cth) by the overseas recipient; and
(d) the overseas recipient may be subject to a foreign law that could compel the disclosure of Personal Information to a third party, such as an overseas regulatory authority, clearing or settlement bank, government agency or professional body.
10.7 You acknowledge, confirm and agree further that:
11. Code of Banking Practice
If you are an individual or a small business (as defined in the Code of Banking Practice), the Code of Banking Practice applies to this transaction. You can obtain from ANZ upon request general descriptive information about ANZ's banking services, including (1) ANZ's complaint handling procedures, (2) ANZ's obligations regarding the confidentiality of your information and (3) the advisability of you reading the terms and conditions applying to each banking service that ANZ provides to you.
12. Making a complaint
If ANZ makes a mistake, or ANZ's service does not meet your expectations, ANZ wants to know. At ANZ we are committed to providing our customers with a better level of service. To contact us, you may call our Customer Response Centre on 1800 805 154 or lodge a complaint online at email@example.com
Within these terms and conditions, the following words have the following meanings:
You: The person/s or entities named as the Applicant in these terms and conditions. If there is more than one Applicant, ‘you’ means all of them together and each of them individually.
Correspondent: Another bank or agency chosen by ANZ to effect payment of the funds (including conversion of the funds if and when required) directly or indirectly to the beneficiary’s bank and includes any intermediary correspondent.
Delayed Payment: A transfer of funds, for reasons outside ANZ's control, occurs more than forty eight hours after ANZ has accepted your instructions.
Identification Information: The information ANZ requires you to provide when you are giving instructions by telephone. It will include either a security code or the balance of the ANZ account from which funds are to be withdrawn for the International Money Transfer and your address.
SecureMail: The electronic messaging system which enables communications to be sent to or from ANZ as part of ANZ Internet Banking.
SWIFT: The Society for Worldwide Interbank Financial Telecommunication (S.W.I.F.T) that supplies standardised and secure messaging services and interface software to the financial industry worldwide.