Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 6D.3A.09

Gatekeeper obligation of CSF intermediary--reasonable standard of checks

  (1)   For the purposes of subsection   738Q(2) of the Act, this regulation prescribes what constitutes a reasonable standard in relation to all the checks referred to in regulation   6D.3A.08.

  (2)   To the extent that information to be checked is of a kind that is included in a register kept by ASIC under the Act, or on ASIC's website, a reasonable standard is to check:

  (a)   whether the information is included in that register or on that website; and

  (b)   if the information is so included--whether the information is contrary to any other information that the CSF intermediary has; and

  (c)   if the information is the name and address of a person referred to in paragraph   6D.3A.04(1)(d)--whether the name and address is consistent with the name and address used by that person on an original, a certified copy or an authenticated electronic copy of:

  (i)   a primary photographic identification document; or

  (ii)   both a primary non - photographic identification document and a secondary identification document.

  (3)   Subject to subregulation   (4), for all other kinds of information or matters to be checked, a reasonable standard is to:

  (a)   explain in writing to the offering company what information or matters are required, including the level of detail required for such information and matters; and

  (b)   require the offering company to provide such information and matters to the CSF intermediary in accordance with a reasonable process that the CSF intermediary has developed, documented and implemented for this purpose.

  (4)   A reasonable standard for checking whether the offer document (see subregulation   6D.3A.08(1)) satisfies the requirements in section   738K of the Act is to check the offer document in accordance with a reasonable process that the CSF intermediary has developed, documented and implemented for this purpose.

  (5)   In this regulation:

"certified copy" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Rules Instrument 2007 (No.   1) .

"primary non-photographic identification document" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Rules Instrument 2007 (No.   1) .

"primary photographic identification document" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Rules Instrument 2007 (No.   1) .

"secondary identification document" has the same meaning as in the Anti - Money Laundering and Counter - Terrorism Financing Rules Instrument 2007 (No.   1) .


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