Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FINANCIAL TRANSACTION REPORTS REGULATIONS 2019 (F2019L01173) - REG 10

Verification checks of signatories to accounts

             (1)  The checks that may be made in relation to any signatory to an account are as follows:

                     (a)  the identifying cash dealer verifies the name and address of the signatory from one or more of the following sources (each verification being worth 35 points):

                              (i)  the employer of the signatory, or a person who was an employer of the signatory within the last 2 years, from records held by the employer or previous employer;

                             (ii)  a rating authority, from its records relating to land ownership or occupation;

                            (iii)  a document held by the identifying cash dealer conferring an interest by way of security over property of the signatory;

                            (iv)  a financial body, other than the identifying cash dealer, from its records relating to a mortgage or other instrument of security granted by the signatory to that body;

                             (v)  subject to the Privacy Act 1988 -- a credit reporting body (within the meaning of that Act) from its records;

                            (vi)  records held under a law of a State or Territory relating to land titles;

                     (b)  the identifying cash dealer verifies the name and address of the signatory from one or more of the following sources (each verification being worth 25 points):

                              (i)  the electoral roll compiled by the Australian Electoral Office and available for public scrutiny;

                             (ii)  a nominee of the signatory who is an acceptable referee or who would, if the nominee had known the signatory for at least 12 months, be an acceptable referee;

                            (iii)  if the signatory lives or carries on business in rented accommodation--the owner or landlord of the premises or a real estate agent acting as managing agent of the premises;

                            (iv)  a public utility, from its records;

                             (v)  if the signatory is a known customer of another financial body--that body, from its records;

                            (vi)  a record held under a law of a State or Territory other than a law relating to land titles;

                     (c)  the identifying cash dealer verifies the name and date of birth of the signatory from either or both of the following sources (each verification being worth 25 points):

                              (i)  if the signatory has attended a primary, secondary or tertiary education institution within the last 10 years--that institution, from its records;

                             (ii)  if the signatory is a member of a professional or trade association--that association, from its records;

                     (d)  the identifying cash dealer verifies the name, address and telephone number of the signatory:

                              (i)  by reference to the latest telephone directory published by Sensis or by advice provided by Telstra; and

                             (ii)  by making telephone contact with the signatory on the telephone number obtained in accordance with subparagraph (i);

                            (verification by this means is worth 25 points);

                     (e)  the identifying cash dealer verifies the name of the signatory from a primary identification document relating to the signatory produced to the identifying cash dealer (verification by this means is worth 70 points);

                      (f)  the identifying cash dealer verifies the name of the signatory from a secondary identification document relating to the signatory produced to the identifying cash dealer and the document:

                              (i)  contains a photograph or the signature of the signatory; and

                             (ii)  is a document of a kind specified in subsection (2);

                            (verification by this means is worth 40 points);

                     (g)  the identifying cash dealer verifies the name of the signatory from any other secondary identification document relating to the signatory produced to the identifying cash dealer (verification by this means is worth 25 points);

                     (h)  if the identifying cash dealer is a financial body--it verifies that the signatory is a known customer (verification by this means is worth 40 points);

                      (i)  if the identifying cash dealer is a financial body--it verifies that the signatory has been a signatory to an account with the body for at least 36 months immediately before the verification (verification by this means is worth 100 points);

                      (j)  the identifying cash dealer verifies the name of the signatory from a reference produced to the identifying cash dealer, being:

                              (i)  a written reference from a financial body relating to the signatory certifying that the signatory is a known customer and bearing the signatures of the signatory and an employee or agent of the financial body; or

                             (ii)  a written reference from an acceptable referee certifying that the referee has known the signatory by that name for at least 12 months and bearing the signatures of the signatory and the acceptable referee; or

                            (iii)  a written reference from a verified signatory certifying that the verified signatory has known the signatory for at least 12 months and bearing the signatures of the signatory and the verified signatory;

                            (verification by this means is worth 40 points).

             (2)  For the purposes of subparagraph (1)(f)(ii), the following kinds of documents are specified:

                     (a)  an identification card issued to a public employee;

                     (b)  a licence or permit issued under a law of the Commonwealth or of a State or Territory;

                     (c)  an identification card issued to a person by the Commonwealth or by a State or Territory as evidence of the person's entitlement to a financial benefit;

                     (d)  an identification card issued to a student at a tertiary education institution;

                     (e)  a foreign driver licence.

             (3)  The identifying cash dealer must:

                     (a)  retain or copy each of the documents produced for the purposes of paragraph (1)(e), (f), (g) or (j); or

                     (b)  record for each of those documents the particulars mentioned in section 18.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback