Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p178
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 493316–496321

individual that the information in the Schedule to this Chapter is true, accurate and complete.

    63.4 An application for enrolment as a reporting entity may be made by an agent of the person on behalf of the person, only if:

         (1) there is a current written agreement in place between the agent of the person and the person; or the person has provided to the agent of the person a written authority;

         (2) that written agreement or written authority authorises the agent to make an application for enrolment on behalf of the person;

         (3) the application of the agent on behalf of the person contains the information set out in Part A of the Schedule to this Chapter;

         (4) the agent has obtained and retained the information set out in Part B of the Schedule to this Chapter; and

         (5) the application includes a declaration by the agent that the information in the Schedule to this Chapter is true, accurate and complete.

63.5 In this Chapter:

         (1) 'ADI' (short for authorised deposit-taking institution) has the same meaning as in the AML/CTF Act;

    (2) 'annual financial statements' means:

               1.                 if the person has an obligation under Part 2M.3 of the Corporations Act 2001:

                   1.                  the financial report (or foreign equivalent) for the most recent financial year before the census day;

                   1.                if the person does not have an obligation under Part 2M.3 of the Corporations Act 2001:

                   1.                  those consolidated documents which are used to calculate the EBITDA for the most recent financial year before the census day;

    (3) 'Australian Government Entity' means:

     (a) the Commonwealth, a State or a Territory; or

     (b) an agency or authority of:

      (i) the Commonwealth; or

      (ii) a State; or

      (iii) a Territory; or

              (c) a local governing body established by or under a law of the Commonwealth, a State or Territory, other than a body whose sole or principal function is to provide a particular service, such as the supply of electricity or water;

    (4) 'authorised individual' means a natural person who is:

         (a) a beneficial owner;

         (b) an officer as defined in section 9 of the Corporations Act 2001;

               1.                 an agent of the person;

              (d) a nominee pursuant to subsection 8(2) of the Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011 who has been authorised in writing by the person to act on their behalf as a nominee; or

              (e) an employee of the person who has been authorised in writing by the person to act on their behalf;

         (5) 'beneficial owner' has the same meaning as in Chapter 1 of these AML/CTF Rules;

    (6) 'company' has the same meaning as in the Corporations Act 2001;

         (7) 'consolidated documents'