21AChange of name

#### 21A Change of name (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) if the signatory has changed the surname by which the signatory is known to that of the signatory’s spouse or de facto spouse—by which the signatory was known before making that change; 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.