Commonwealth Numbered Regulations

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

FINANCIAL TRANSACTION REPORTS REGULATIONS 2019 (F2019L01173) - REG 14

Alternative verification procedure--non-residents

Certificate of identity by foreign verifying officer

             (1)  A person resident outside Australia who is a signatory to an account with a financial body is also taken to be identified if a certificate of identity by the foreign verifying officer, or a foreign verifying officer, for that account is lodged with an identifying cash dealer and the certificate:

                     (a)  sets out the name and residential address of the signatory; and

                     (b)  states that the officer is satisfied:

                              (i)  that the name is the name by which the signatory is known; and

                             (ii)  that the signatory is a signatory to an account with the financial body; and

                     (c)  bears the signatures of the officer and the signatory.

             (2)  A certificate of identity by a foreign verifying officer referred to in subsection (1) may relate to more than one signatory to the account for which it is lodged.

             (3)  Verification of the identity of a signatory under the alternative verification procedure specified in subsection (1) is worth 100 points.

Identification of person resident outside Australia

             (4)  A person resident outside Australia who is a signatory to an account is also taken to be identified if the following alternative verification procedure is used:

                     (a)  the person produces, to an employee of a foreign bank who is authorised by the bank to open accounts with the bank, verification of the identity of the person using documents that are equivalent to documents worth a total of 100 points that are referred to in section 10;

                     (b)  the employee:

                              (i)  signs a statement that the employee has seen the documents; and

                             (ii)  attaches a copy of each of the documents to the statement or records the pertinent details of the documents in the statement.

             (5)  Verification of the identity of a signatory under the alternative verification procedure specified in subsection (4) is worth 100 points.

Nomination by financial body of foreign verifying officer

             (6)  For the purposes of subsection (1), a financial body that carries on business in Australia, or in a State or Territory, may notify an identifying cash dealer of the nomination of a person resident overseas employed by it to be the foreign verifying officer, or a foreign verifying officer, of the financial body.

             (7)  If an identifying cash dealer is notified that a person has been nominated as a foreign verifying officer and the nominated person is not a verified signatory, the identifying cash dealer must, as soon as practicable, seek to identify the person by means of:

                     (a)  a verification procedure referred to in subparagraph 20A(1)(b)(ii) of the Act; or

                     (b)  an identification reference for the person in accordance with section 21 of the Act; or

                     (c)  the checks mentioned in section 10 of this instrument.

Revocation of nomination etc.

             (8)  If a financial body revokes a nomination or a foreign verifying officer ceases to be employed by a financial body, the financial body must notify the identifying cash dealer of that fact as soon as practicable.

Interpretation

             (9)  A reference to a foreign bank in subsection (4) is a reference to an entity that carries on banking business outside Australia and is engaged in a transaction with an identifying cash dealer, whether or not the entity has an authority under section 9 of the Banking Act 1959 .

           (10)  In this section:

"carrying on business in Australia, or in a State or Territory , " has the meaning given by section 21 of the Corporations Act 2001 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback