6‑39 Information and documents required 6‑39 Information and documents required to be contained in or to accompany keep open notice

6‑39 Information and documents required to be contained in or to accompany keep open notice

(1) For the purposes of paragraph 39B(5)(b) of the Act, this section sets out the information required to be contained in, and the documents required to accompany, a keep open notice issued by a senior member of an agency mentioned in subsection 39B(3) of the Act to a reporting entity. (2) The keep open notice must contain the following information: (a) the name of the agency; (b) the senior member’s full name and position; (c) the full name of the reporting entity; (d) for each customer in relation to whom the keep open notice is issued: (i) the customer’s full name; and (ii) the customer’s date of birth, or an ACN or ABN of the customer (if known); and (iii) any other known details of the customer that the senior member considers are necessary to provide to assist the reporting entity to identify the customer; (e) a day specified for the purposes of paragraph 39B(6)(a) of the Act as the day on which the notice commences; (f) a declaration by the senior member stating that the senior member reasonably believes that the provision of a designated service by the reporting entity to the customer or customers would assist in the investigation by the agency of a serious offence.

Note: For subparagraph (d)(iii), details that may assist the reporting entity to identify the customer could include:

(a) the customer’s address; and
(b) bank account details of the customer; and
(c) the wallet address for the customer’s virtual asset holdings.

(3) The keep open notice must be accompanied by any documents that the senior member considers are necessary to provide to assist the reporting entity to identify the customer or customers.