Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(subregulation 5.5(2))
1.1 Definitions for Schedule 2
In this Schedule:
"individual" :
(a) includes a sole trader who has an ABN for the enterprise that holds or has an interest in the prescribed property; and
(b) does not include an individual who is a partner in a partnership or a trustee of a trust if the partnership or trust has an ABN for the enterprise that holds or has an interest in the prescribed property.
(1) For item 1 of the table in section 154 of the Act, this clause applies if an individual holds or has an interest in prescribed property.
(2) The details mentioned in each item of the table, from the source mentioned for the item, are prescribed for the individual mentioned in the item.
(3) For subclause (2), the prescribed details are the details mentioned in the item of the table that:
(a) applies to the individual; and
(b) has the lowest item number.
(4) For an individual who is the owner of prescribed property, in addition to the details mentioned in each item of the table, the individual's date of birth is prescribed.
(5) The source for the individual's date of birth is the source in an item of the table that:
(a) includes details of dates of birth; and
(b) applies to the individual; and
(c) has the lowest item number.
Item | Individual | Details | Source |
1 | Individual whose details are recorded in a transitional register, for migrated data | Individual's surname and given names, as recorded on the transitional register | Transitional register |
2 | Individual whose property is subject to a court order | Individual's surname and given names, as recorded on the court order | |
3 | Individual who holds a current driver's licence | Individual's surname and given names, as recorded on the individual's current driver's licence | Current driver's licence issued by a State or Territory licensing authority to the individual |
4 | Individual who holds a current proof of identity or current proof of age card | Individual's surname and given names, as recorded on a proof of identity or proof or age card issued by a State or Territory body | Current proof of identity or current proof or age card issued by a State or Territory body to the individual |
5 | Individual who holds a current Australian passport | Individual's surname and given names, as recorded on the individual's current Australian passport | Current Australian passport issued to the individual |
6 | Individual who holds a current visa issued by the Australian Government | Individual's surname and given names, as recorded on the individual's current Australian visa | Current Australian visa issued for the individual |
7 | Individual who holds a current passport other than an Australian passport | Individual's surname and given names, as recorded on the individual's current passport issued by the jurisdiction in which the individual ordinarily resides | Current passport issued by the jurisdiction in which the individual ordinarily resides |
8 | Any other individual | Individual's surname and given names, as recorded on the individual's birth certificate | Birth certificate issued for the individual |
(1) For item 1 of the table in section 154 of the Act, this clause applies if the secured party or grantor is a body corporate that:
(a) is a trustee and has an ARSN; or
(b) is not a trustee.
(2) The details mentioned in each item of the table, from the source mentioned for the item, are prescribed for the body corporate mentioned in the item.
(3) For subclause (2), the prescribed details are the details mentioned in the item of the table that:
(a) applies to the body corporate; and
(b) has the lowest item number.
Item | Body corporate | Details | Source |
1 | Body corporate for which details have been included on the transitional register, for migrated data | Body corporate number or name of body corporate, as recorded on the transitional register | Transitional register |
2 | Body corporate that is the responsible entity of a registered scheme, if the scheme has an ARSN | Registered scheme's ARSN | A business register kept by ASIC |
2.5 | Body corporate that is a CCIV, if the CCIV is the secured party or grantor for a sub - fund of the CCIV and the sub - fund has an ARFN | Sub - fund's ARFN | A business register kept by ASIC |
3 | Body corporate that has an ACN | ACN | A business register kept by ASIC |
4 | Body corporate that has an ARBN | ARBN | A business register kept by ASIC |
5 | Any other body corporate | Name of the body, as provided for in body's constitution or equivalent document | Body's constitution or equivalent document |
(1) For item 1 of the table in section 154 of the Act, this clause applies if a partner in a partnership holds or has an interest in prescribed property for the partnership.
(2) The details mentioned in each item of the table, from the source mentioned for the item, are prescribed for the partner mentioned in the item.
(3) For subclause (2), the prescribed details are the details mentioned in the item of the table that:
(a) applies to the partner; and
(b) has the lowest item number.
Item | Partner | Details | Source |
1 | Partner of a partnership for which details of the partnership have been included on the transitional register, for migrated data | ABN, name of partner or name that identifies partnership, as recorded on the transitional register | Transitional register |
2 | Partner of a partnership that holds or has an interest in the prescribed property in the course of, or for, an enterprise that has been allocated an ABN | ABN | Australian Business Register |
3 | Partner in any other partnership | Details mentioned in the item in the table in clause 2.1 that applies to the partner | Source of the details mentioned in the item in the table in clause 2.1 that applies to the partner |
(1) For item 1 of the table in section 154 of the Act, this clause applies if the secured party or grantor is:
(a) a body corporate that is a trustee of a trust that:
(i) has an ABN; and
(ii) does not have an ARSN; or
(b) any other trustee of a trust.
(2) The details mentioned in each item of the table, from the source mentioned for the item, are prescribed for the trustee mentioned in the item.
(3) For subclause (2), the prescribed details are:
(a) for a trustee that is an individual--the details mentioned in the item of the table in clause 2.1 that:
(i) applies to the trustee; and
(ii) has the lowest item number; and
(b) in any other case--the details mentioned in the item of the table that:
(i) applies to the trustee; and
(ii) has the lowest item number.
(4) In this clause:
"trustee details" means:
(a) the ABN allocated to the enterprise carried on by the trust; or
(b) the ACN or ARBN allocated to the trustee; or
(c) the name of the trust or trustee.
Item | Trustee | Details | Source |
1 | Trustee of a trust for which details of the trust have been included on the transitional register, for migrated data | Trustee details, as recorded on the transitional register | Transitional register |
2 | Trustee of a trust that holds or has an interest in the prescribed property in the course of, or for, an enterprise that has been allocated an ABN | ABN | Australian Business Register |
3 | Trustee of any other trust | Trustee details mentioned in paragraph (3)(a) | Source mentioned in paragraph (3)(a) |
(1) For item 1 of the table in section 154 of the Act, this clause applies if a body politic holds or has an interest in prescribed property.
(2) The details mentioned in each item of the table, from the source mentioned for the item, are prescribed for the body politic mentioned in the item.
(3) For subclause (2), the prescribed details are the details mentioned in the item of the table that:
(a) applies to the body politic; and
(b) has the lowest item number.
Item | Body politic | Details | Source |
1 | Body politic for which details have been included on the transitional register, for migrated data | Body politic details, as recorded on the transitional register | Transitional register |
2 | Body politic that holds prescribed property in course of, or for, an enterprise for which an ABN has been given | ABN | Australian Business Register |
3 | Body politic that holds prescribed property other than in course of, or for, an enterprise for which an ABN has been given | Name of body politic, as provided for in constitution of body politic | Constitution of body politic |