Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p173
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 479936–482946

a law taken by a regulatory body of the Commonwealth or a State or Territory, or a government body;

         (9) 'entity' has the same meaning as in the Corporations Act 2001;

         (10) 'fraud' means dishonestly obtaining a benefit by deception or other means;

         (11) 'key personnel':

              (a) in the case of a company, corporation sole or body politic, is a natural person that is:

                  (i) a beneficial owner; or

                  (ii) an officer as defined in section 9 of the Corporations Act 2001, or an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the body corporate's policy;

              (b) in the case of an individual, trust or partnership, is a natural person that is an employee or agent of the individual, trust or partnership with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual, trust or partnership;

         (12) 'National Police Certificate' means a document that contains a certification, effective on a national basis, that the natural person to whom it relates either has no disclosable convictions or has a disclosable conviction that is detailed in the Certificate; and

              (a) if the natural person to whom it relates is a resident of Australia, is issued by an Australian police force; or

              (b) if the natural person to whom it relates is a resident of another country, is issued by a police force of that other country;

          (13) 'National Police Checking Service Support System' means the information database administered by the Australian Crime Commission which supports the process of national police history checking;

          (14) 'National Police History Check' means a police history record check carried out by the Australian Crime Commission within Australia through the National Police Checking Service and provided to an accredited agency, which contains the information specified in subparagraph 1(b) of Part B of Schedules 1, 2 and 3 of Chapter 56;

         (15) 'people smuggling' means conduct that amounts to:

              (a) an offence against Division 73 of the Criminal Code; or

              (b) an offence against Subdivision A, Division 12, Part 2 of the Migration Act 1958; or

              (c) an offence against a law of a foreign country or of a part of a foreign country that corresponds:

                  (i) to an offence referred to in paragraph (a) or (b); or

                  (ii) with the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime;

          (16) 'person' has the same meaning as in the AML/CTF Act;

          (17) 'reference number' means an identifier (including an Organisation Registration Number supplied by the Australian Crime Commission) allocated by an accredited agency