Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1992 No. 164 of 1992 - SECT 12

12. After section 21 of the Principal Act, the following section is inserted:
Change of name

"21A.(1) This section applies to an individual ('signatory') who wishes to
open, or become a signatory to, an account with an identifying cash dealer in
a name by which the signatory intends to be commonly known ('new name'), being
a name:

   (a)  which the signatory has adopted by marriage; or

   (b)  by which the signatory, being a woman who has previously changed the
        surname by which she is known to that of her spouse or de facto
        spouse, was formerly known; or

   (c)  which the signatory, being a person who has been the victim of
        violence or threats of violence, or the dependent child of such a
        person, has adopted or intends to adopt to ensure his or her personal
        safety; or

   (d)  if the signatory is an Aborigine or Torres Strait Islander - which is
        a traditional name of the signatory.

"(2) If the signatory gives to the identifying cash dealer change of name
statements signed by the signatory and by a prescribed person:

   (a)  the new name is taken to be a name by which the signatory is commonly
        known; and

   (b)  the statements are taken to constitute an identification reference for
        the signatory in the new name.

"(3) A person must not, knowingly or recklessly:

   (a)  make a statement in a change of name statement that is false or
        misleading in a material particular; or

   (b)  omit from a change of name statement any matter or thing without which
        the change of name statement is misleading in a material particular.
        Penalty: 100 penalty units or imprisonment for 4 years, or both.

"(4) For the purposes of this section:
'change of name statement', in relation to a signatory, means a statement
that:

   (a)  sets out the name or names by which the signatory has been commonly
        known; and

   (b)  states which paragraph of subsection (1) applies to the signatory; and

   (c)  sets out the reasons why this section applies to the signatory; and

   (d)  sets out the new name; and

   (e)  states that the new name is one by which the signatory will be
        commonly known.".