Commonwealth Numbered Regulations

1990 No. 341 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 3

3.1 After regulation 2, insert: The verification procedure

"3. (1) For the purposes of subsection 20 (8) of the Act, the verification
procedure consists of:

   (a)  the checks mentioned in regulation 4; and

   (b)  in relation to a signatory mentioned in regulation 5, 6, 7, 8 or 9-the
        alternative check mentioned in that regulation.

"(2) The signatory is taken to be identified if the signatory rates at least
100 points.

"(3) The points attributable to:

   (a)  a type of source mentioned in a subparagraph of paragraph 4 (1) (a),
        (b) or (c); or

   (b)  a telephone service mentioned in paragraph 4 (1) (d); or

   (c)  a document mentioned in paragraph 4 (1) (e); or

   (d)  a reference mentioned in a subparagraph of paragraph 4 (1) (j); may
        only be counted once in relation to a signatory to an account.
EXAMPLE
P has been identified by his or her current employer under subparagraph 4 (1)
(a) (i) for the purposes of opening, or becoming a signatory to, an account
and that identification is worth 35 points. But P cannot rely on
identification by a former employer to gain a further 35 points in relation to
the same account. Similarly, if P has been identified by his or her former
employer in relation to an account, P could not also be identified by his or
her current employer in relation to the same account. The fact that
subregulation 3 (3) only allows the points for identification under a
subparagraph of paragraph 4 (1) (a) to be counted once does not, of course,
prevent P from relying on identification under another subparagraph of
paragraph 4 (1) (a) or identification under another paragraph of subregulation
4 (1).

"(4) The points attributable to a document mentioned in paragraph (4) (1) (g)
issued from a particular source may only be counted once in relation to a
signatory to an account.

"(5) The fact that 2 or more bodies corporate are related to one another
within the meaning of section 50 of the Corporations Act 1989 does not affect
their identity as distinct sources.
EXAMPLE
P has been issued with a Mastercard and a Visa Card by his or her bank. Either
is worth 25 points under paragraph (4) (1) (g), but because they have been
issued by the same bank, P may only use one of them for the purposes of
opening, or becoming a signatory to, an account. Another bank has issued P
with a Bankcard and P also holds a credit card issued by a finance company
that is a wholly owned subsidiary of one of the banks. For the purpose of
identifying P therefore the Bankcard and the credit card may also be taken
into account giving a total of 75 points. Verification generally

"4. (1) The checks that may be made in relation to any signatory 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; or

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

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

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

   (v)  subject to the Privacy Act 1988 - the Credit Reference Association of
        Australia from its records; or

   (vi) records held under a law relating to land titles; and

   (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; or

   (ii) an acceptable referee nominated by the signatory; or

   (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; or

   (iv) a public utility, from its records; or

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

   (vi) a record held under a law other than a law relating to land titles;
        and

   (c)  the identifying cash dealer verifies the name and date of birth of the
        signatory from one 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; or

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

   (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 Telecom or
        by advice provided by Telecom; and

   (ii) by telephone contact with the signatory on that telephone service;
        (verification by this means is worth 25 points); and

   (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); and

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

                (B)  a licence issued under a law; or

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

                (D)  an identification card issued to a student at a tertiary
                     education
institution; (verification by this means is worth 40 points); and

   (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); and

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

   (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:

                (A)  certifying that the signatory is a known customer; and

                (B)  bearing the signature of the signatory; or

   (ii) a written reference from an acceptable referee:

                (A)  certifying that the referee has known the signatory by
                     that name for
at least 12 months; and

                (B)  bearing the signature of the signatory; or (iii) a
                     written reference from a verified signatory:

                (A)  certifying that the verified signatory has known the
                     signatory for at
least 12 months; and

                (B)  bearing the signatures of the signatory and the verified
                     signatory; (verification by this means is worth 40
                     points).

"(2) The cash dealer must retain or copy each of the documents produced for
the purposes of paragraph (1)(e),(f),(g) or (j) or record for each of those
documents the particulars mentioned in regulation 10. Verification: public
authorities and public companies

"5. (1) A public authority or public company may notify an identifying cash
dealer of the nomination of a person to be the verifying officer or a
verifying officer of the authority or company in respect of an account.

"(2) The nomination must be signed by the principal executive officer or by
the person responsible for administration of the account.

"(3) If an identifying cash dealer is notified that a person has been
nominated as a 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)  an identification reference for the person in accordance with section
        21 of the Act; or

   (b)  the checks mentioned in regulation 4.

"(4) If a public authority or public company revokes a nomination or a
verifying officer ceases to be employed by a public authority or public
company, it must notify the identifying cash dealer of that fact as soon as
practicable.

"(5) A signatory of an account of a public authority or public company is also
taken to be identified if a certificate of identity by the verifying officer,
or a verifying officer, for that account is lodged with an identifying cash
dealer and the certificate:

   (a)  says that the officer is satisfied that the signatory is authorised by
        the authority or company to be a signatory to that account; and

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

"(6) Verification of the identity of a signatory under subregulation (5) is
worth 100 points. Verification: children

"6. (1) A child who is a signatory of an account is also taken to be
identified if there is produced to the identifying cash dealer:

   (a)  a primary identification document relating to the child; or

   (b)  a statement issued on behalf of an educational institution attended by
        the child:

   (i)  being a statement:

                (A)  written on the letterhead of the institution or
                     educational system to
which the institution belongs: or

                (B)  incorporated in a list of names written on the letterhead
                     of a
financial institution and bearing the stamp or seal of the educational
institution; and (ii) specifying the name of the child; and (iii) confirming
that the child attends the institution; and (iv) signed by the principal, head
teacher or chief administrator of the educational institution.

"(2) The identifiying cash dealer must copy each of the documents produced or
record for each of those documents the particulars mentioned in regulation 10.

"(3) Verification of the indentity of a signatory under subregulation (1) is
worth 100 points. Verification: recent arrivals in Australia

"7. (1) In this regulation: `passport':

   (a)  includes:

   (i)  a document of indentity issued to a person from official sources for
        the purpose of travel; and

   (ii) a passport which has expired within the last 2 years; and

   (b)  does not include a passport which has been cancelled.

"(2) A person who is a signatory of an account is also taken to be identified
if:

   (a)  the person is not a resident of Australia; and

   (b)  the person produces his or her passport to the identifying cash
        dealer; and

   (c)  at the time of production of the passport the person has been in
        Australia for less than 6 weeks.

"(3) The identifying cash dealer must copy each of the documents produced or
record for each of those documents the particulars mentioned in regulation 10.

"(4) Verification of the identify of a signatory under subregulation (2) is
worth 100 points. Verification: non-residents

"8. (1) In this regulation, a reference to the carrying on of business in
Australia has the meaning given by section 21 of the Corporations Act 1989.

"(2) A financial body that carries on business in Australia 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.

"(3) 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 cash dealer must, as soon as practicable, seek to
identify the person by means of:

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

   (b)  the checks mentioned in regulation 4.

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

"(5) A person resident outside Australia who is a signatory of an account 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)  says that the officer is satisfied:

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

   (ii) that the signatory is authorised by the financial body to be a
        signatory to that account; and

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

"(6) Verification of the identity of a signatory under subregulation (5) is
worth 100 points. Verification: isolated area aborigines

"9. (1) In this regulation: `community leader', in relation to an aboriginal
community, means:

   (a)  a person who is recognised by the members of the community to be a
        community elder; or

   (b)  if there is an aboriginal council that represents the community - an
        elected member of the council.

"(2) The name of an aborigine ordinarily resident in an isolated area who is a
signatory of an account may also be verified by a community leader of the
community to which the signatory belongs.

"(3) Each verification of the name of a signatory under subregulation (2) is
worth 50 points. Particulars to be recorded

"10. (1) The particulars relating to a document referred to in subparagraph 4
(1) (a) (iii) or (iv), paragraph 4 (1) (e), (f) or (g) or subregulation 6 (2)
or 7 (2) are:

   (a)  the nature of the document; and

   (b)  the name of the person to whom it relates; and

   (c)  if the document contains information relating to the age or place of
        residence of the signatory - details of that information; and

   (d)  the date, place of issue and any expiry date of the document; and

   (e)  any number allocated to the document by the authority which issued it.

"(2) Where an identification check is based on information provided by a
person, the person making the check must record whichever of the following is
relevant:

   (a)  the name of the person providing the information; and

   (b)  the designation, title or rank of that person; and

   (c)  the name and address of any body or organisation with whom the person
        is associated where that association is relevant to the kind of
        information provided by the person; and

   (d)  a note of the information provided by the person. Public employee

"11. (1) In these Regulations, `public employee' means a person employed by
the Commonwealth, a State, the Australian Capital Territory, the Northern
Territory or the Territory of Norfolk Island or by a public authority, whether
the person is so employed under a law, or under a contract of service or
apprenticeship.

"(2) Without limiting subregulation (1):

   (a)  a member of the Parliament; or

   (b)  a justice or judge of a court; or

   (c)  a person (other than a person mentioned in subregulation (4)) who is
        the holder of an office established by a law; of the Commonwealth, a
        State or Territory, is to be taken, for the purp oses of these
        Regulations, to be employed by the Commonwealth, a State or Territory
        as the case may be.

"(3) Without limiting subregulation (1), a member of the Defence Force is to
be taken, for the purposes of these Regulations, to be employed by the
Commonwealth.

"(4) Without limiting subregulation (1), a person is to be taken, for the
purposes of these Regulations, to be employed by a public authority if:

   (a)  the person constitutes, or is a member of, the authority; or

   (b)  where the authority is a body corporate - the person is a director of
        the body corporate.".