9‑3 Reports of suspicious matters—inform9‑3 Reports of suspicious matters—information about persons

9‑3 Reports of suspicious matters—information about persons

Reportable information—individuals (1) A reference in this section to reportable information means, in relation to an individual, the following information: (a) the individual’s full name; (b) any other names the individual is commonly known by (such as an Anglicised name, former name or business name); (c) the individual’s date of birth; (d) the individual’s gender; (e) the country or countries of which the individual is a citizen; (f) the country or countries the individual is treated as being a resident of for the purposes of that country’s tax laws; (g) the individual’s residential address; (h) the individual’s postal addresses; (i) if the individual is a sole trader—the individual’s business addresses; (j) the individual’s telephone number; (k) the individual’s email address; (l) information on the individual’s occupation, business or principal activity; (m) a unique identifier for the individual; (n) a description of the reliable and independent data, if any, used by the reporting entity to verify KYC information relating to the individual in accordance with paragraph 28(3)(d) of the Act; (o) a reference number, if any, associated with the individual provided by an accredited entity (within the meaning of the Digital ID Act 2024) in the course of verifying KYC information relating to the individual in accordance with paragraph 28(3)(d) of the Act; (p) if the individual’s identity cannot be established by the reporting entity—the following information: (i) a description of the individual; (ii) whether any still or moving image or any recording of the individual is held by the reporting entity. Reportable information—non‑individuals (2) A reference in this section to reportable information means, in relation to a person who is not an individual, the following information: (a) the person’s full name; (b) other names used by the person (such as a former name or business name); (c) the country or countries in which the person was incorporated, formed or registered; (d) the country or countries the person is treated as being a resident of for the purposes of that country’s tax laws; (e) the address of the person’s registered office; (f) the address at which the person’s business or principal activity is conducted; (g) the person’s postal address; (h) the person’s telephone number; (i) the person’s email address; (j) information on the person’s business or principal activity; (k) information about the legal form of the person (such as a partnership, company or trust); (l) the details of the person’s beneficial owners; (m) if the person is a body corporate—the full name and, if applicable, director identification number of the individual, or each member of the group of individuals, with primary responsibility for the governance and executive decisions of the body corporate; (n) if the person is an express trust, the following information: (i) the kind of trust (such as discretionary trust, bare trust or unit trust); (ii) the details of the trustee; (iii) the details of any settlor, appointor, guardian or protector of the trust; (iv) for a trust with no more than 10 identifiable beneficiaries—the details of the beneficiaries of the trust; (v) for a trust with more than 10 beneficiaries—a description of each type or class of beneficiary; (o) a unique identifier for the person; (p) a description of the reliable and independent data, if any, used by the reporting entity to verify KYC information relating to the person in accordance with paragraph 28(3)(d) of the Act. Content of suspicious matter reports (3) The report must contain the following information, to the extent it is applicable and known to the reporting entity: (a) reportable information about the person in relation to whom the suspicious matter reporting obligation arose for the reporting entity; (b) information on the person’s involvement in the matter. (4) If the report is required to contain the details of another person (for example, a beneficial owner or trust) as part of the reportable information under subsection (1) or (2), then the report must also contain: (a) reportable information about that other person; and (b) if the application of paragraph (a) requires the report to contain the details of any other individual or non‑individual—reportable information about that other individual or non‑individual. Information about involved persons (5) Each of the following persons is an involved person in relation to the provision of a designated service for the purposes of subsections (6) and (7): (a) a person (other than the person in relation to whom the suspicious matter reporting obligation arose) who is involved in facilitating, funding, contributing to, or benefitting from, the matter the subject of the report; (b) a person who is adversely affected or impacted by the matter; (c) a person on whose behalf the customer is receiving the designated service; (d) a person acting on behalf of the customer in relation to the designated service. (6) The report must contain reportable information about the involved person to the extent that: (a) the information is applicable and known to the reporting entity; and (b) the information has not already been reported under subsection (3) or (4). (7) The report must also contain, to the extent it is known to the reporting entity, a description of the relationship between the involved person and the person in relation to whom the suspicious matter reporting obligation arose.