Establish government-body status
A government body includes a government, or an agency or authority of a government. The category can include Australian or foreign bodies.
For an Australian service, Rules section 6-4 specifies minimum customer information. A government grant, public contract or official-looking name does not establish government-body status.
Sources: AUSTRAC: Matters you must establish; Customer identity; Federal Register of Legislation: Section 6-4.
Collect the required information
Collect the full name, other known names, jurisdiction of establishment, any unique identifier and principal operating address. Collect evidence of existence and the names of those responsible for governance and executive decisions.
Also collect information about the body’s business or operations. Its establishing law, an official directory or another reliable source can help verify relevant information.
These are customer checks, not a request to find private shareholders in a government department. The source and legal status must still be established on reasonable grounds.
Sources: Federal Register of Legislation: Section 6-4(2) and (3); AUSTRAC: Customer identity; Nature and purpose of the business relationship.
Establish the representative’s authority
The reporting entity must establish the relevant representative’s identity and authority. An instrument of delegation or written authorisation can help show the scope of that authority.
Section 6-19 can reduce identity verification when authority is established and the representative adds low risk. Appropriate KYC information must have been collected, with no reasonable grounds to doubt its adequacy or truth.
This measure does not allow the reporting entity to assume authority from an email address or job title.
Sources: Federal Register of Legislation: Section 6-19; AUSTRAC: Persons acting on behalf of the customer.
The government-body modification
Under section 6-7(1A), established government-body status satisfies the beneficial-owner identity matter. Section 6-7(2) also addresses the related beneficial-owner PEP and sanctions matters.
This does not remove the remaining customer, representative or applicable screening requirements. PEP means politically exposed person. Sanctions checks concern persons designated for targeted financial sanctions.
Government control and partial government ownership have separate conditions under section 6-7. Public funding alone does not establish either condition.
Sources: Federal Register of Legislation: Sections 6-7(1A) to (2) and 6-12; AUSTRAC: Identifying beneficial owners; Politically exposed persons and sanctions.
- Government status
Establish that the customer is a government body.
- Representative
Establish the person’s identity and authority.
- Modified matters
Apply the specific beneficial-owner provisions and their conditions.
Separate status, authority and modified measures
Established government-body status changes specified beneficial-owner matters. It does not remove all CDD.
Separate evidence questions. An answer to one does not settle the others.
A public agency seeks a service
A fictional public agency sends a procurement officer to a practice. The practice finds the law that establishes the agency and examines the officer’s delegation.
It records the agency’s purpose for the service and the applicable screening results. The evidence of government status supports the specific modification. It does not replace the other decisions.
Source: AUSTRAC: Customer identity; Persons acting on behalf of the customer; Identifying beneficial owners.