KYC
information
means ‘know
your
customer
information’
and may
include
information
in relation
to matters
such as:
(1)
In relation
to a
customer who
is an
individual:
(a) the
customer’s
name;
(b) the
customer’s
residential
address;
(c) the
customer’s
date of
birth;
(d) any
other name
that the
customer is
known by;
(e) the
customer’s
country(ies)
of
citizenship;
(f) the
customer’s
country(ies)
of
residence;
(g) the
customer’s
occupation
or business
activities;
(h) the
nature of
the
customer’s
business
with the
reporting
entity –
including:
(i) the
purpose of
specific
transactions;
or
(ii) the
expected
nature and
level of
transaction
behaviour;
(i) the
income or
assets
available to
the
customer;
(j) the
customer’s
source of
funds
including
the origin
of funds;
(k) the
customer’s
financial
position;
(l) the
beneficial
ownership of
the funds
used by the
customer
with respect
to the
designated
services;
and
(m) the
beneficiaries
of the
transactions
being
facilitated
by the
reporting
entity on
behalf of
the customer
including
the
destination
of funds.
(2)
In relation
to a
customer who
is a
company:
(a) the
full name of
the company
as
registered
by ASIC;
(b)
the
full address
of the
company’s
registered
office;
(c)
the
full address
of the
company’s
principal
place of
business (if
any);
(d) the
ACN issued
to the
company;
(e)
whether the
company is
registered
by ASIC as a
proprietary
company or a
public
company;
(f) the
name of each
director of
the company;
(g) the
full
business
name (if
any) of the
company as
registered
under any
State or
Territory
business
names
legislation;
(h) the
date upon
which the
company was
registered
by ASIC;
(i) the
name of any
company
secretary;
(j) the
nature of
the business
activities
conducted by
the company;
(k)
(without
limiting the
possible
application
of other
items in
this
definition
to a
registered
foreign
company) if
the company
is a
registered
foreign
company:
(i) the
full address
of the
company’s
registered
office in
Australia;
(ii) the
full address
of the
company’s
principal
place of
business in
Australia
(if any) or
the full
name and
address of
the
company’s
local agent
in
Australia;
(iii) the
ARBN issued
to the
company;
(iv) the
country in
which the
company was
formed,
incorporated
or
registered;
(v)
whether the
company is
registered
by the
relevant
foreign
registration
body and if
so whether
it is
registered
as a
proprietary
or private
company;
(vi) the
name of the
relevant
foreign
registration
body;
(vii) any
identification
number
issued to
the company
by the
relevant
foreign
registration
body
upon the
company’s
formation,
incorporation
or
registration;
(viii) the
date upon
which the
company was
formed,
incorporated
or
registered
in its
country of
formation,
incorporation
or
registration;
(ix) the
full address
of the
company in
its country
of
formation,
incorporation
or
registration
as
registered
by the
relevant
foreign
registration
body;
(l)
(without
limiting the
possible
application
of other
items in
this
definition
to an
unregistered
foreign
company) if
the company
is an
unregistered
foreign
company:
(i) the
full name of
the company;
(ii) the
country in
which the
company was
formed,
incorporated
or
registered;
(iii)
whether the
company is
registered
by the
relevant
foreign
registration
body and if
so:
(A) any
identification
number
issued to
the company
by the
relevant
foreign
registration
body upon
the
company’s
formation,
incorporation
or
registration;
(B) the
full address
of the
company in
its country
of
formation,
incorporation
or
registration
as
registered
by the
relevant
foreign
registration
body; and
(C)
whether it
is
registered
as a
proprietary
or private
company;
(iv) the
full address
of the
company’s
principal
place of
business in
that
country;
(v) the
name of the
relevant
foreign
registration
body;
(vi) the
date upon
which the
company was
formed,
incorporated
or
registered
in its
country of
formation,
incorporation
or
registration;
(vii) the
full address
of the
company’s
principal
place of
business in
that
country; and
(m) the
name and
address of
any
beneficial
owner of the
company.
(3) In
relation to
a customer
who is a
trustee of a
trust:
(a) the
full name of
the trust;
(b) the
full
business
name (if
any) of the
trustee in
respect of
the trust;
(c) the
type of the
trust;
(d) the
country in
which the
trust was
established;
(e) if
any of the
trustees is
an
individual –
in respect
of any of
those
individuals,
the
information
required to
be collected
from an
individual
under the
reporting
entity’s
customer
identification
program in
respect of
individuals;
(f) if
any of the
trustees is
a company
– in
respect of
any those
companies,
the
information
required to
be collected
from a
company
under the
reporting
entity’s
customer
identification
program in
respect of
companies;
(g) the
full name
and address
of any
trustee in
respect of
the trust;
(h) the
full name of
any
beneficiary
in respect
of the
trust;
(i) if
the terms of
the trust
identify the
beneficiaries
by reference
to
membership
of a class –
details of
the class;
(j) the
State or
Territory in
which the
trust was
established;
(k) the
date upon
which the
trust was
established;
(l) a
certified
copy or
certified
extract of
the trust
deed; and
(m) the
full name of
the trust
manager (if
any) or
settlor (if
any) in
respect of
the trust.
(4)
In relation
to a
customer who
is a partner
of a
partnership:
(a) the
full name of
the
partnership;
(b) the
full
business
name (if
any) of the
partnership
as
registered
under any
State or
Territory
business
names
legislation;
(c) the
country in
which the
partnership
was
established;
(d) in
respect of
any partner
- the
information
required to
be collected
from an
individual
under the
reporting
entity’s
customer
identification
program in
respect of
individuals;
(e) the
full name
and
residential
address of
any partner;
(f) the
respective
share of
each partner
in the
partnership;
(g) the
business of
the
partnership;
(h) the
State or
Territory in
which the
partnership
was
established;
(i) the
date upon
which the
partnership
was
established;
and
(j) a
certified
copy or
certified
extract of
the
partnership
agreement.
(5)
In relation
to a
customer who
is an
incorporated
association:
(a) the
full name of
the
association;
(b) the
full address
of the
association’s
principal
place of
administration
or
registered
office (if
any) or the
residential
address of
the
association’s
public
officer or
(if there is
no such
person) the
association’s
president,
secretary or
treasurer;
(c) any
unique
identifying
number
issued to
the
association
upon its
incorporation
by the
relevant
registration
body;
(d) the
full name of
the
chairman,
secretary
and
treasurer or
equivalent
officer in
each case of
the
association;
(e) the
State,
Territory or
country in
which the
association
was
incorporated;
(f) the
date upon
which the
association
was
incorporated;
(g) the
objects of
the
association;
(h) a
certified
copy or
certified
extract of
the rules of
the
association;
(i) in
respect of
any member –
the
information
required to
be collected
from an
individual
under the
reporting
entity’s
customer
identification
program in
respect of
individuals;
and
(j) the
full
business
name, if
any, of the
association.
(6)
In relation
to a
customer who
is an
unincorporated
association:
(a)
the
full name of
the
association;
(b)
the
full address
of the
association’s
principal
place of
administration
(if any);
(c)
the
full name of
the
chairman,
secretary
and
treasurer or
equivalent
officer in
each case of
the
association;
(d)
in
respect of
any member –
the
information
required to
be collected
from an
individual
under the
reporting
entity’s
customer
identification
program in
respect of
individuals;
(e) the
objects of
the
association;
(f) a
certified
copy or
certified
extract of
the rules of
the
association;
and
(g) the
full
business
name, if
any, of the
association.
(7)
In relation
to a
customer who
is a
registered
co-operative:
(a) the
full name of
the
co-operative;
(b) the
full address
of the
co-operative’s
registered
office or
principal
place of
operations
(if any) or
the
residential
address of
the
co-operative’s
secretary or
(if there is
no such
person) the
co-operative’s
president or
treasurer;
(c) any
unique
identifying
number
issued to
the
co-operative
upon its
registration
by the
relevant
registration
body;
(d) the
full name of
the
chairman,
secretary
and
treasurer or
equivalent
officer in
each case of
the
co-operative;
(e)
in
respect of
any member –
the
information
required to
be collected
from an
individual
under the
reporting
entity’s
customer
identification
program in
respect of
individuals;
(f) the
full
business
name, if
any, of the
co-operative;
(g) the
State,
Territory or
country in
which the
co-operative
is
registered;
(h) the
date upon
which the
co-operative
was
registered;
(i) the
objects of
the
co-operative;
and
(j) a
certified
copy or
certified
extract of
the rules of
the
co-operative.
(8) In
relation to
a customer
who is a
government
body:
(a) the
full name of
the
government
body;
(b) the
full address
of the
government
body’s
principal
place of
operations;
(c)
whether the
government
body is an
entity or
emanation,
or
established
under
legislation,
of a State,
Territory,
the
Commonwealth
or a foreign
country and
the name of
that State,
Territory or
country;
(d)
information
about the
ownership or
control of a
government
body that is
an entity or
emanation or
established
under
legislation
of a foreign
country; and
(e) the
name of any
legislation
under which
the
government
body was
established.
listed
public
company
means:
(1) in
the case of
a domestic
company – a
public
company that
is included
in an
official
list of a
domestic
stock
exchange;
(2) in
the case of
a registered
foreign
company –
(a) a
public
company that
is included
in an
official
list of a
domestic
stock
exchange; or
(b) a
public
company
whose
shares, in
whole or in
part, are
listed for
quotation in
the official
list of any
stock or
equivalent
exchange;
(3) in
the case of
an
unregistered
foreign
company – a
public
company
whose
shares, in
whole or in
part, are
listed for
quotation in
the official
list of any
stock or
equivalent
exchange.
ML/TF
risk
means the
risk that a
reporting
entity may
reasonably
face that
the
provision by
the
reporting
entity of
designated
services
might
(whether
inadvertently
or
otherwise)
involve or
facilitate
money
laundering
or the
financing of
terrorism.
Part A
means Part A
of a
reporting
entity’s
AML/CTF
program.
Part B
means Part B
of a
reporting
entity’s
AML/CTF
program.
on-course
bookmaker
means a
person who
carries on a
business of
a bookmaker
or a turf
commission
agent at a
racecourse.
online
gambling
service
means a
designated
service of a
kind
described in
table 3 of
section 6 of
the AML/CTF
Act that is
provided to
a customer
using any of
the means
referred to
in paragraph
5(1)(b) of
the
Interactive
Gambling Act
2001 and
includes an
excluded
wagering
service as
defined in
section 8A
of the
Interactive
Gambling Act
2001 but
does not
include a
“telephone
betting
service” as
defined in
section 4 of
the
Interactive
Gambling Act
2001.
primary
non-photographic
identification
document
means any of
the
following:
(1) a
birth
certificate
or birth
extract
issued by a
State or
Territory;
(2) a
citizenship
certificate
issued by
the
Commonwealth;
(3) a
citizenship
certificate
issued by a
foreign
government
that, if it
is written
in a
language
that is not
understood
by the
person
carrying out
the
verification,
is
accompanied
by an
English
translation
prepared by
an
accredited
translator;
(4) a
birth
certificate
issued by a
foreign
government,
the United
Nations or
an agency of
the United
Nations
that, if it
is written
in a
language
that is not
understood
by the
person
carrying out
the
verification,
is
accompanied
by an
English
translation
prepared by
an
accredited
translator;
(5) a
pension card
issued by
Centrelink
that
entitles the
person in
whose name
the card is
issued, to
financial
benefits.
primary
photographic
identification
document
means any of
the
following:
(1) a
licence or
permit
issued under
a law of a
State or
Territory or
equivalent
authority of
a foreign
country for
the purpose
of driving a
vehicle that
contains a
photograph
of the
person in
whose name
the document
is issued;
(2) a
passport
issued by
the
Commonwealth;
(3) a
passport or
a similar
document
issued for
the purpose
of
international
travel,
that:
(a)
contains a
photograph
and the
signature of
the person
in whose
name the
document is
issued;
(b) is
issued by a
foreign
government,
the United
Nations or
an agency of
the United
Nations; and
(c) if
it is
written in a
language
that is not
understood
by the
person
carrying out
the
verification
- is
accompanied
by an
English
translation
prepared by
an
accredited
translator.
(4) a
card issued
under a law
of a State
or Territory
for the
purpose of
proving the
person’s age
which
contains a
photograph
of the
person in
whose name
the document
is issued.
(5) a
national
identity
card issued
for the
purpose of
identification
, that:
(a)
contains a
photograph
and the
signature of
the person
in whose
name the
document is
issued;
(b) is
issued by a
foreign
government,
the United
Nations or
an agency of
the United
Nations; and
(c) if
it is
written in a
language
that is not
understood
by the
person
carrying out
the
verification
- is
accompanied
by an
English
translation
prepared by
an
accredited
translator;
public
company
means a
company
other than a
proprietary
company.
racecourse
means a
place where
a
race meeting
is held by a
racing club,
and includes
adjacent
land or
premises to
which
persons
attending
the meeting
have access
in
connection
with the
meeting.
registered
co-operative
means a body
registered
under
legislation
as a
co-operative.
registered
foreign
company
means a
foreign
company that
is
registered
under
Division 2
of Part 5B.2
of the
Corporations
Act 2001.
relevant
foreign
registration
body
means, in
respect of a
registered
foreign
company or
an
unregistered
foreign
company, any
government
body that
was
responsible
for the
formation,
incorporation
or
registration
of that
company in
its country
of
formation,
incorporation
or
registration.
reliable
and
independent
documentation
includes but
is not
limited to:
(1) an
original
primary
photographic
identification
document;
(2) an
original
primary
non-photographic
identification
document;
and
(3) an
original
secondary
identification
document
Note:
This is not
an
exhaustive
definition.
A reporting
entity may
rely upon
other
documents
not listed
in
paragraphs
(1) to (3)
above as
reliable and
independent
documents,
where that
is
appropriate
having
regard to
ML/TF risk.
secondary
identification
document
means any of
the
following:
(1) a
notice that:
(a) was
issued to an
individual
by the
Commonwealth,
a State or
Territory
within the
preceding
twelve
months;
(b)
contains the
name of the
individual
and his or
her
residential
address; and
(c)
records the
provision of
financial
benefits to
the
individual
under a law
of the
Commonwealth,
State or
Territory
(as the case
may be);
(2) a
notice that:
(a) was
issued to an
individual
by the
Australian
Taxation
Office
within the
preceding 12
months;
(b)
contains the
name of the
individual
and his or
her
residential
address; and
(c)
records a
debt payable
to or by the
individual
by or to
(respectively)
the
Commonwealth
under a
Commonwealth
law relating
to taxation;
(3) a
notice that:
(a) was
issued to an
individual
by a local
government
body or
utilities
provider
within the
preceding
three
months;
(b)
contains the
name of the
individual
and his or
her
residential
address; and
(c)
records the
provision of
services by
that local
government
body or
utilities
provider to
that address
or to that
person.
(4) In
relation to
a person
under the
age of 18, a
notice that:
(a) was
issued to a
person by a
school
principal
within the
preceding
three
months;
(b)
contains the
name of the
person and
his or her
residential
address; and
(c)
records the
period of
time that
the person
attended at
the school.
totalisator
agency board
means a
board or
authority
established,
or a company
holding a
licence,
under a law
of a State
or Territory
for purposes
that include
the purpose
of operating
a betting
service.
unregistered
foreign
company
means a
foreign
company that
is not a
registered
foreign
company.
1.2.2 In
these Rules,
the terms
‘ABN’, ‘ACN’,
‘ARBN’,
‘Australian
financial
services
licence’, ‘ASIC’,
‘managed
investment
scheme’,
‘proprietary
company’,
‘registered
office’ and
‘wholesale
client’ have
the same
respective
meanings as
in the
Corporations
Act 2001.
