Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (1A) and (1B), this section applies to an individual ( signatory ) who wishes to open, or become a signatory to, an account with an identifying cash dealer in a name by which the signatory intends to be commonly known ( new name ), being a name:
(a) which the signatory has adopted by marriage; or
(b) by which the signatory, being a woman who has previously changed the surname by which she is known to that of her spouse or de facto spouse, was formerly known; or
(c) which the signatory, being a person who has been the victim of violence or threats of violence, or the dependent child of such a person, has adopted or intends to adopt to ensure his or her personal safety; or
(d) if the signatory is an Aborigine or Torres Strait Islander--which is a traditional name of the signatory.
(1A) This section does not apply to an individual who wishes to open an account if the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service.
(1B) This section does not apply to an individual who wishes to become a signatory to an account with an identifying cash dealer in a name by which the individual intends to be commonly known if:
(a) the individual wishes to become a signatory to the account in that name after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 ; and
(b) either:
(i) the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service; or
(ii) the account was opened before the commencement of that Division in circumstances that would have amounted to the provision of a designated service if all the provisions of Parts 1 and 2 of that Act had been in force at the relevant time.
(2) If the signatory gives to the identifying cash dealer change of name statements signed by the signatory and by a prescribed person:
(a) the new name is taken to be a name by which the signatory is commonly known; and
(b) the statements are taken to constitute an identification reference for the signatory in the new name.
(3) A person must not:
(a) intentionally make a statement in a change of name statement, reckless as to the fact that it is false or misleading in a material particular; or
(b) intentionally omit from a change of name statement any matter or thing, reckless as to the fact that without the matter or thing the change of name statement is misleading in a material particular.
Penalty: Imprisonment for 4 years.
Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.
(4) For the purposes of this section:
"change of name statement" , in relation to a signatory, means a statement that:
(a) sets out the name or names by which the signatory has been commonly known; and
(b) states which paragraph of subsection (1) applies to the signatory; and
(c) sets out the reasons why this section applies to the signatory; and
(d) sets out the new name; and
(e) states that the new name is one by which the signatory will be commonly known.
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