10Entity information to be given to the Regulator

10 Entity information to be given to the Regulator

(1) For the purposes of subsection 10S(1) of the Act, an entity that is a reporting entity or reporting nominee must give the following information (entity information) to the Regulator: (a) the entity’s name; (b) any business name registered to the entity on the Business Names Register established and maintained under section 22 of the Business Names Registration Act 2011; (c) if the entity has an ABN—the entity’s ABN; (d) if the entity does not have an ABN, but does have an ACN or ARBN—the entity’s ACN or ARBN; (e) the entity’s address for service for the purposes of the Act, which must include: (i) an email address; and (ii) either a physical or postal address in Australia; (f) the Subdivision code and title for the entity, by reference to the Australian and New Zealand Standard Industrial Classification; (g) the day and month on which the entity’s financial year would ordinarily end; Note: An ordinary financial year is the financial year of an entity disregarding any temporary adjustments to the beginning or end of a financial year that may happen from reporting year to reporting year, but not adjustments that are intended to change an entity’s financial year for all future reporting periods. (h) whether the entity’s financial reports are required to comply with AASB 8 (or an equivalent financial reporting standard of a foreign jurisdiction) for the immediately preceding financial year; (i) the type of principal governing body of the entity; (j) the name, telephone number and email address for each of the following: (i) a responsible member of the entity; (ii) an individual, other than a responsible member, authorised in writing to act on the entity’s behalf in relation to the entity’s obligations under the Act (including by accepting information on behalf of the entity); (k) if the entity is a controlled entity of one or more other entities—the information mentioned in paragraphs (a) to (d) in relation to the one other entity that is not itself a controlled entity of another entity; (l) if the entity is not a reporting nominee but has one or more controlled entities—the information mentioned in paragraphs (a) to (d) in relation to each controlled entity; (m) if the entity is a reporting nominee—the information mentioned in paragraphs (a) to (d) in relation to each of the reporting nominee’s nominated entities; (n) if the entity has one or more controlled entities that are subsidiary reporting entities—the information mentioned in paragraphs (a) to (d) in relation to each controlled entity that is a subsidiary reporting entity; (o) if the entity is a subsidiary reporting entity—the information mentioned in paragraphs (a) to (d) in relation to the reporting entity that controls the subsidiary reporting entity. (2) For the purposes of subsection 10S(1) of the Act, if an entity gives, or is required to give, the Regulator entity information under this section, and later becomes aware that: (a) the information given was false or misleading in a material particular (including because the information given omits something without which the information is misleading in a material particular); or (b) information that was required to be given has not been given; or (c) the information given, although correct at the time it was given, has later become incorrect as a result of a change in circumstances; or (d) information that was not previously required to be given, is now, as a result of a change in circumstances, required to be given; the entity must correct, give or update the entity information (as appropriate): (e) where paragraph (a) or (b) applies—as soon as practicable; or (f) where paragraph (c) or (d) applies—no later than immediately before the entity next gives a payment times report to the Regulator.