Zoe Merckel
Adelaide,SA
Summary
Forward-thinking Senior Manager & NSW Solicitor with 10+ years of experience advising in financial crime, broadcasting, privacy and advertising in domestic and global environments. Poised and dedicated professional proven to thrive in complex and detail-oriented industry. Comfortable balancing competing stakeholders and risks to reach acceptable business outcomes. Learns new areas of law quickly and advises company to solve complex challenges.
Overview
14
14
years of professional experience
Work History
Senior Manager, Regulatory Change & Policy
Macquarie Bank
05.2021 - Current
- Established and now lead new anti-money laundering (AML) regulatory change and policy team within Financial Crime Line 2 Division in 2022, including hiring team & managing secondees. Team is responsible for horizon scanning function, reviewing changes in law and guidance and producing impact assessments.
- Lead for Macquarie's industry engagement (as spokesperson) AML regulatory and policy matters via industry groups including ABA, AFMA and FSC
- Lead for AML regulatory & policy senior management reporting including to board, CRO and other cross-divisional forums.
- Senior manager lead for AUSTRAC regulatory engagement including producing reporting & attending periodic quarterly AUSTRAC meeting with FCR MLRO and COO.
- To date in this role, have led and developed 20+ submissions on AML-related topics including reviewing laws & regulations, assessing impact, consulting with cross-divisional stakeholders and driving change via industry groups. Established relationship with industry groups and other banks as key focus to drive change and facilitate insights
- Uplifted and now lead AUSTRAC Annual Compliance Report (external compliance assessment that banks complete each year), including cross-divisional engagement and sign-off processes.
- Identified Bearer Negotiable Instrument (BNI) law changes that led to industry-wide engagement with AUSTRAC to facilitate exemptions and anticipated future regulatory changes
- Mentored junior staff members for skill development and career progression within AML regulatory & policy function.
Senior Manager, Policy & Frameworks
Macquarie Bank
05.2021 - 02.2022
- Led major uplift of Global Politically Exposed Persons Standard which involved review and incorporation of laws and best global practices, facilitating stakeholder feedback from retail and institutional businesses across global regional teams, presenting to leadership and obtaining approval, facilitating implementation
- Led development of first Financial Crime Risk (FCR) change management forum for institutional businesses to seek changes and facilitate implementation of policies and procedures
- Led revision of Institutional Customer Risk Rating Methodology
- Led development of new institutional Third-Party Payments Standard.
Senior Policy Advisor, Financial Crime Risk
Tabcorp Holdings Limited
09.2018 - 05.2021
- Led development of Tabcorp's first sanctions framework including conducting enterprise risk assessments, developing new automated & manual screening controls, obtaining approval of framework through board & executive risk committees, developing training for control owners
- Led major uplift of AML/CTF Operations Standards covering customer due diligence practices including legal and best practice reviews, engaging with Line 1 & Line 2 teams to document process and seeking approval from leadership
- Led product & new domestic and international business risk assessments including assessing relevant laws and best practices and working with business groups to achieve desired outcomes within regulatory framework.
- Led external independent review of AML/CTF Program, including engaging with independent reviewer, coordinating internal stakeholders briefings and assessments and briefing senior leadership
- Led development of FCR obligations register
- Led 2-yearly AML/CTF enterprise risk assessment including facilitating risk workshops and development report for senior management
- Led senior management reporting to risk committees, CRO and board.
- Prepared strategy for and attended AUSTRAC meetings with AMLCO/Deputy AMLCO
- Led & owned employee due diligence initiatives and advice, including recently developing and rolling out new position risk rating process, uplifting existing EDD processes and developing quick reference guides
- Led development of new initiatives for AML/CTF incident management including consequence management frameworks and roles & responsibilities for Line 1 & 2.
Senior Compliance Manager
Tabcorp Holdings Limited
09.2018 - 07.2019
- Managed team with two direct reports to establish Tabcorp’s new enterprise-wide Obligation Register which involved developing obligations and plain-English summaries of law and guidance, facilitating workshop across all businesses to assign owners, risk rate and document controls
- Led development of new attestation and assurance program including drafting methodology and rolling out program to stakeholders
- Prepared risk committee and board papers
- Conducted thematic assurance deep dives.
Senior Legal Counsel
NPP Australia Limited (New Payments Platform, incl PayID)
07.2017 - 09.2018
- Provided legal advice on broad range of matters including advertising/marketing, privacy, employment and commercial contracts.
- Assisted Company Secretary with governance, including advising on ASIC filings.
- Drafted Guidance Notes for NPP participant banks to assist in interpretation of NPP rules including proper use of PayID and introduction of IFTI payments
- External regulatory engagement including with Reserve Bank of Australia, ACCC & ASIC
- Led and chaired Fraud Monitoring Group which included SMEs from Big4 and other banks
- Chaired Fraud Advisory Committee which included SMEs from Big4 and other participant banks and met quarterly to consider strategies for minimising fraud, review NPP rules/procedures and review new products and management of PayID
- Co-chaired NPP Rules Sub-Committee which approved changes to NPP Rules for publication
- Led and developed NPP’s ‘Participant Compliance Program’ which involves conducting assurance surveys for participants banks
Corporate Lawyer
Tabcorp Holdings Limited (Wagering & Media, ASX100)
04.2015 - 07.2017
- Negotiated acquisition and distribution of large scale domestic and international media rights deals
- Advised on regulatory requirements relating to media business including broadcasting, privacy, spam and advertising laws.
- Advised on various competition laws including substantially lessening competition and exclusive dealing
- Led government submission for strengthening Interactive Gambling Act, advised on legality of competitors’ online live betting products and briefed General Counsel in preparation for Senate Committee hearing
- Advised on retail exclusivity challenge by competitor, including engaging regulators and ministers
- Advised on Tabcorp merger with Tatts Group including drafting scheme of arrangement booklet
- Advised on Tabcorp’s new UK “Sunbets” wagering business with News Limited
- Advised business to set up new affiliate program including advising on software agreements, regulatory & industry approvals and drafting affiliate contracts
Solicitor, Commercial & Corporate (Media/Entertainment)
TressCox Lawyers
02.2014 - 04.2015
- Acted for local and international financiers, including Bank of Montreal and Fulcrum Media for major film and television production financing arrangements
- Advised Netflix upon entry into Australian market on local regulatory requirements relating to classifications, self-rating schemes, age-gating and closed-captioning
- Acted for film and television producers Cheeky Little Media and SLR Productions including drafting contracts, assisting with producer offsets and negotiating rights and holdbacks in licence and distribution agreements with government (ABC) and private investors (Channel 7, 9 & 10)
- Advised on competition issues relating to proposed mergers in property and banking industry
- Drafted creative contractor agreements, including for photographers, actors, producers and web designers
- Acted for local television identities in negotiating sponsorship agreements for consumer products
- Advised on Privacy Act and Spam Act and drafting privacy policies and website terms of use.
Paralegal / Retail Banking
Commonwealth Bank of Australia (Financial Services, ASX100)
02.2010 - 02.2014
- ASIC/CBA settlement implementation for Storm Financial customers
- Customer Service Specialist in Retail Banking.
Education
Skills
- Global Risk Management & Advisory
- Regulatory Change Management
- Contract Negotiation
- Policy Development
- Regulator Engagement
- Team Management & Development
- Cross-Functional Collaboration
- Commercial Law Advisory incl AML/CTF, Broadcasting, Privacy, Advertising
Timeline
Senior Manager, Regulatory Change & Policy
Macquarie Bank
05.2021 - Current
Senior Manager, Policy & Frameworks
Macquarie Bank
05.2021 - 02.2022
Senior Policy Advisor, Financial Crime Risk
Tabcorp Holdings Limited
09.2018 - 05.2021
Senior Compliance Manager
Tabcorp Holdings Limited
09.2018 - 07.2019
Senior Legal Counsel
NPP Australia Limited (New Payments Platform, incl PayID)
07.2017 - 09.2018
Corporate Lawyer
Tabcorp Holdings Limited (Wagering & Media, ASX100)
04.2015 - 07.2017
Solicitor, Commercial & Corporate (Media/Entertainment)
TressCox Lawyers
02.2014 - 04.2015
Paralegal / Retail Banking
Commonwealth Bank of Australia (Financial Services, ASX100)
02.2010 - 02.2014
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