Australian Capital Territory Numbered Acts

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DEBITS TAX ACT 1997 (NO. 20 OF 1997) - SECT 19

Representative officers etc.

19. (1) In this section—“carry on business” means—

        (a)     in the case of a bank—the carrying on of banking business; or

        (b)     in the case of a non-bank financial institution—the carrying on of a business that includes the keeping of accounts that may be drawn on by payment order;

“keeping of accounts”, in relation to a non-bank financial institution, includes accounts kept by way of withdrawable share capital in, or money deposited with, the institution;
“representative officer”, in relation to a financial body, means a person appointed by the financial body under subsection (2);
“resident financial institution” means a bank, or a non-bank financial institution, that carries on business in the Territory.

(2) A resident financial institution may appoint a person to be a representative officer of the financial institution for the purposes of this Act.

(3) Unless exempted in writing by the Commissioner, a resident financial institution shall ensure that at all times it has a representative officer.

(4) The obligation imposed by subsection (3) applies to a financial institution 1 month after it begins to carry on business in the Territory.

(5) Where a financial institution appoints, or terminates the appointment of, its representative officer or 1 of its representative officers, the financial institution shall, not later than 7 days after the day of the appointment or termination, notify the Commissioner in writing—

        (a)     in the case of an appointment—of the name of the officer appointed and an address at which documents may be served on that officer; and

        (b)     in the case of a termination of appointment—of that fact.

(6) A financial institution may at any time notify the Commissioner in writing of a new address at which documents may be served on a representative officer of the financial institution in substitution for the address previously notified under this section.

(7) A return lodged by a financial institution under this Act shall—

        (a)     be signed by a representative officer of the financial institution or by a senior officer of the financial institution; and

        (b)     specify an address at which documents relating to the return may be served on the financial institution.

(8) Without limiting any other method of service, a document may be served on a financial institution if the document is—

        (a)     delivered, or sent by post, to a representative officer of the financial institution at the address, or the latest address, as the case may be, notified to the Commissioner in relation to that officer under this section; or

        (b)     in the case of a document relating to a return—delivered, or sent by post, to the financial institution at the address for service specified in the return.

(9) A financial institution that contravenes subsection (3) or (5) is, in respect of each day on which it contravenes that subsection (including the day of a conviction of an offence against this subsection or any subsequent day), guilty of an offence punishable on conviction by a fine of 1 penalty unit.


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