Corporations Regulations 2001
View history note
Hide history noteFor 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 .
6D.3A.09(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.
6D.3A.09(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.
6D.3A.09(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.
6D.3A.09(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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