Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p33
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 33/148)
Character Range: 410776–413792

the names and addresses of each person referred to in paragraph 6D.3A.04(1)(d);
 (b) whether the offer document contains the information required by subregulation 6D.3A.04(3).

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).

6D.3A.10  Obligation of CSF intermediary relating to their platforms—general CSF risk warning
 (1) For the purposes of subsection 738ZA(2) of the Act, this regulation specifies the terms of a general CSF risk warning.
 (2) Those terms are as follows:
  "Crowd‑sourced funding is risky. Issuers