Commonwealth Consolidated Acts

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FINANCIAL TRANSACTION REPORTS ACT 1988 - SECT 21A

Change of name

  (1)   Subject to subsections   (1A) and (1B), 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)   if the signatory has changed the surname by which the signatory is known to that of the signatory's spouse or   de   facto   spouse--by which the signatory was known before making that change; 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.

  (1A)   This section does not apply to an individual who wishes to open an account if the account is opened after the commencement of Division   1 of Part   2 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service.

  (1B)   This section does not apply to an individual who wishes to become a signatory to an account with an identifying cash dealer in a name by which the individual intends to be commonly known if:

  (a)   the individual wishes to become a signatory to the account in that name after the commencement of Division   1 of Part   2 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 ; and

  (b)   either:

  (i)   the account is opened after the commencement of Division   1 of Part   2 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service; or

  (ii)   the account was opened before the commencement of that Division in circumstances that would have amounted to the provision of a designated service if all the provisions of Parts   1 and 2 of that Act had been in force at the relevant time.

  (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:

  (a)   intentionally make a statement in a change of name statement, reckless as to the fact that it is false or misleading in a material particular; or

  (b)   intentionally omit from a change of name statement any matter or thing, reckless as to the fact that without the matter or thing the change of name statement is misleading in a material particular.

Penalty:   Imprisonment for 4 years.

Note:   Subsection   4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section   4AA of that Act.

  (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.


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