CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) 1991 NO. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) 1991 NO. 166 - TABLE OF PROVISIONS 1. Amendment 2. Regulation 2 (Interpretation) 3. Regulation 3 (The verification procedure) 4. Regulation 4 (Verification generally) 5. Regulation 5 (Verification: public authorities and public companies) 6. Regulation 6 (Verification: children) 7. Regulation 7 (Verification: recent arrivals in Australia) 8. Regulation 8 (Verification: non-residents) 9. Regulation 9 (Verification: Aboriginal persons resident in an isolated area) 10. New regulation 10A 1991 No. 166 CASH TRANSACTION REPORTS REGULATION (AMENDMENT) - REG 1 1. Amendment 1.1 The Cash Transaction Reports Regulations are amended as set out in these Regulations. 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 2 2. Regulation 2 (Interpretation) 2.1 Subregulation 2 (1) (definition of "aborigine"): Omit "aborigine", substitute "Aboriginal person" 2.2 Subregulation 2 (1) (definition of "child"): Omit "16", substitute "18". 2.3 Subregulation 2 (1) (definition of "isolated area"): Omit "100", substitute"20". 2.4 Subregulation 2 (1) (definition of "local government body": After "municipal" in paragraph (a) of the definition, insert ", city, town, district". 2.5 Subregulation 2 (1) (definition of "public authority"): Omit the definition, substitute: "public authority includes a rating authority;". 2.6 Subregulation 2 (1) (definition of "rating authority") After "municipal" in paragraph (a) of the definition, insert ", city, town, district". 2.7 Subregulation 2 (2): Add at the end: "; and (c) a bank; and (d) a building society; and (e) a credit union; and (f) a society incorporated or established under a law in force in a State or Territory providing for the establishment of mutual societies or friendly societies.". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 3 3. Regulation 3 (The verification procedure) 3.1 Paragraph 3 (1) (b): Omit "8 or 9", substitute "8, 9 or 10A". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 4 4. Regulation 4 (Verification generally) 4.1 Subparagraph 4 (1) (b) (ii): Omit the subparagraph, substitute: "(ii) a nominee of the signatory who is an acceptable referee or who would, if he or she had known the signatory for at least 12 months, be an acceptable referee; or". 4.2 Sub-subparagraph 4 (1) (j) (i) (B): Omit the sub-subparagraph, substitute: "(B) bearing the signatures of the signatory and an employee or agent of the financial body; or". 4.3 Sub-subparagraph 4 (1) (j) (ii) (B): Omit the sub-subparagraph, substitute: "(b) bearing the signatures of the signatory and the acceptable referee; or". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 5 5. Regulation 5 (Verification: public authorities and public companies) 5.1 Subregulation 5 (1): After "public authority", insert "or a body established or incorporated for a public purpose". 5.2 Subregulation 5 (1): After "the authority", insert "or body". 5.3 Subregulation 5 (1): Add at the end ",or of some or all accounts, of the authority, body or company with the identifying cash dealer". 5.4 Subregulation 5 (3): After "the person", insert "(whether or not the person is, or is to be, a signatory to a relevant account)". 5.5 Subregulation 5 (4): After "public authority" (wherever occurring), insert "or a body established or incorporated for a public purpose". 5.6 Subregulation 5 (5): After "public authority", insert "or a body established or incorporated for a public purpose". 5.7 Paragraph 5 (5) (a): After "the authority", insert "or body". 5.8 New subregulation 5 (5A): After subregulation (5), insert: "(5A) A certificate of identity by a verifying officer may relate to more than one signatory of the account for which it is lodged.". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 6 6. Regulation 6 (Verification: children) 6.1 Sub-subparagraph 6 (1) (b) (i) (B): Omit "and" (last occurring), substitute: "or (C) contained in a student card issued by the institution that also bears the seal or stamp of the institution; and" 6.2 Subparagraph 6 (1) (b) (iv): Omit the subparagraph, substitute: "(iv) signed by the principal, deputy principal, head teacher, deputy head teacher, enrolment officer, deputy enrolment officer, secretary, deputy secretary, chief administrator or deputy chief administrator of the educational institution."; 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 7 7. Regulation 7 (Verification: recent arrivals in Australia) 7.1 Paragraph 7 (2) (a): Omit the paragraph, substitute: "(a) immediately before the person most recently arrived in Australia, the person was not ordinarily resident in Australia; and". 7.2 Paragraph 7 (2) (c): Omit "less than 6 weeks.", substitute: "a period: (i) that commences on the day on which the person most recently arrived in Australia, or on the first day since that arrival on which the person is lawfully at large in Australia, whichever is the later; and (ii) the duration of which is less than 6 weeks.". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 8 8. Regulation 8 (Verification: non-residents) 8.1 Subparagraph 8 (5) (b) (ii): Omit the subparagraph, substitute: "(ii) that the signatory is a signatory of an account with the financial body.". 8.2 New subregulations (7) and (8): Add at the end: "(7) A person resident outside Australia who is a signatory of an account is taken to be identified if: (a) the person produces to an employee of a bank who is authorised by the bank to open accounts with the bank: (i) being a bank that carries on business outside Australia and is engaged in a transaction with an identifying cash dealer; and (ii) whether or not the bank has an authority under section 9 of the Banking Act 1959; verification of the identity of the signatory using documents that are equivalent to documents worth a total of 100 points that are referred to in regulation 4; and (b) the employee: (i) signs a statement that he or she 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. "(8) A certificate of identity by an employee referred to in subregulation (7) may relate to more than one signatory of the account for which it is lodged.". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 9 9. Regulation 9 (Verification: Aboriginal persons resident in an isolated area) 9.1 Subregulation 9 (1): Omit "aboriginal" (wherever occurring), substitute "Aboriginal". 9.2 Subregulation 9 (2): Omit "aborigine", substitute "Aboriginal person". 1991 No. 166 CASH TRANSACTION REPORTS REGULATIONS (AMENDMENT) - REG 10 10. New regulation 10A 10.1 After regulation 10, insert: Verification: certain recipients of social security benefits "10A. (1) The verification procedure for the purposes of subsection 20 (8) of the Act for an individual who: (a) is unable to comply with the checks mentioned in regulation 4; and (b) produces to the identifying cash dealer, not more than 3 months after the date on which it was issued, a letter of introduction from the Department of Social Security; consists of the verification by that identifying cash dealer of the identity of the individual from that letter of introduction. "(2) Verification of the identity of a signatory under subregulation (1) is worth 100 points. "(3) In subregulation (1), 'letter of introduction' means a letter signed by the signatory and an officer of the Department of Social Security to the effect that: (a) the signatory is the recipient of a Social Security payment; and (b) the signatory's signature has been verified from departmental records.". - NOTES 1991 No. 166*1* CASH TRANSACTION REPORTS REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 28 June 1991. *2*Statutory Rules 1990 No. 36 as amended by 1990 Nos 162, 340 and 341; 1991 Nos 7 and 89.