Financial Transaction Reports Act 1988

PART III - ACCOUNTS  

SECTION 21   IDENTIFICATION REFERENCES  

21(1)   [Written reference]  

An identification reference for a signatory to an account is a written reference by an acceptable referee, signed by the referee and setting out the name to be used by the signatory in relation to the account and stating that:

(a) the referee has known the signatory for the period specified in the reference;

(b) during the whole of that period, or for so much of that period as is specified in the reference, the signatory has been commonly known by that name; and

(c) the referee has examined:

(i) a specified primary identification document for the signatory in that name;

(ii) a specified secondary identification document for the signatory in that name and a specified primary identification document for the signatory in a former name of the person; or

(iii) only a specified secondary identification document for the signatory in that name.

21(2)   [Other details to be set out in identification reference]  

An identification reference for a person by an acceptable referee shall also set out:

(a) the name, address and occupation of the referee and the basis on which the referee claims to be an acceptable referee;

(b) if the reference states that the referee examined a primary identification document for the person in a name different from the name to be used by the person in relation to the account - the explanation that the person gave the referee for the difference in names;

(c) if the reference states that the referee examined only a secondary identification document for the person - the explanation that the person gave the referee for the failure to produce a primary identification document; and

(d) the required details of the identification document or documents examined by the referee.

21(3)   [Signature by person]  

An identification reference for a person by an acceptable referee shall be signed by the person in the presence of the referee and shall contain a statement by the referee to the effect that the reference was so signed.

21(3A)   [Offence re false or misleading statement]  

An acceptable referee, or any other person, must not:

(a) intentionally make a statement in an identification reference, reckless as to the fact that the statement is false or misleading in a material particular; or

(b) intentionally omit from an identification reference any matter or thing, reckless as to the fact that without the matter or thing the reference 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.

21(4)   [Failure to produce primary identification document]  

For the purposes of this Act, a failure by a person to produce a primary identification document shall not be taken to be sufficiently explained merely by the assertion that a primary identification document is not presently available to the person if the person could obtain a primary identification document within a reasonable time if the person took reasonable steps to obtain it.

21(5)   [Citizenship or passport application not required]  

Nothing in subsection (4) shall be taken to require a person to apply for the issue of a citizenship certificate or a passport.