Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p147
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 410117–413111

the Corporations Act 2001;

         (8) 'control' has the meaning given by section 50AA of the Corporations Act 2001;

         (9) 'Australian Crime Commission' means the agency which, in addition to its other functions, provides systems and services relating to national policing information, including the provision of nationally coordinated criminal history checks;

    (10) 'destination' includes country and a city or town of that country;

    (11) 'disclosable convictions' means a conviction that:

    (a) has been recorded by a court; and

              (b) has not been spent under the laws of the country in which the conviction was recorded;

         (12) 'employee due diligence program' has the same meaning as in Chapter 8 of the AML/CTF Rules;

         (13) 'enforcement action' includes any action of a corrective or punitive nature in respect of an alleged breach of a law taken by a regulatory body of the Commonwealth or a State or Territory, or a government body;

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

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

    (16) 'key personnel' means:

              (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;

         (17) '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;

         (18) '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;

         (19) '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