Commonwealth Numbered Regulations

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NATURE REPAIR RULES 2024 (F2024L01750) - RULE 90

Form of request

  (1)   A request under section   89:

  (a)   must be in writing; and

  (b)   must be in a form approved, in writing, by the Regulator; and

  (c)   if the applicant is not an individual--must nominate one or more individuals as authorised representatives of the applicant for the Register account; and

  (d)   if the applicant is an individual--may include such a nomination; and

  (e)   for each individual nominated as an authorised representative of the applicant for the Register account--must include evidence that the individual has sufficient authority to act on the applicant's behalf in respect of the account; and

  (f)   must include identity evidence for:

  (i)   the applicant; and

  (ii)   each individual nominated as an authorised representative of the applicant for the Register account; and

  (iii)   if identity evidence for an individual is required under paragraph   123(1)(c) or 124(c) or (d)--each such individual; and

  (g)   subject to subsection   (2), if:

  (i)   the applicant is a proprietary or private company; and

  (ii)   an owner (a beneficial owner ) in relation to the company is an individual who owns, through one or more shareholdings, over 25% of the issued capital in the company;

    must include the name and address of each beneficial owner of the applicant.

  (2)   Paragraph   (1)(g) does not apply to a proprietary company if the company is:

  (a)   a publicly listed company in Australia, or a wholly owned subsidiary of such a company; or

  (b)   licensed and subject to the regulatory oversight of a Commonwealth statutory regulator in relation to its activities as a company.

  (3)   The approved form may require the following information to be provided if the information is relevant to the applicant, or an authorised representative, officer, employee or trustee of the applicant:

  (a)   a person's full name, address and contact details;

  (b)   a person's business name and, if different, trading name;

  (c)   the address of a person's principal place of business;

  (d)   a person's ABN, ACN, ARBN, GST registration number, Indigenous corporation number or other unique number;

  (e)   an individual's date of birth and residential address;

  (f)   each name by which an individual is known by;

  (g)   a person's status as one of the following:

  (i)   an individual, including an individual who is a sole trader;

  (ii)   a body corporate;

  (iii)   a trust;

  (iv)   a corporation sole;

  (v)   a body politic;

  (vi)   a local governing body;

  (vii)   any other kind of entity;

  (h)   if subparagraph   (g)(vii) applies--the kind of entity the person is;

  (i)   a description of the form in which a body corporate has been incorporated;

  (j)   a description of the type of trust a trust is;

  (k)   the full name and date of birth of the beneficiaries of a trust;

  (l)   details about a class of which beneficiaries of a trust are members;

  (m)   each jurisdiction in which a person operates;

  (n)   the full name, address and contact details of any Australian agent through which a body corporate that is a foreign person conducts business.

Note 1:   The Regulator may require further information in connection with the request: see section   128.

Note 2:   The approved form of application may provide for verification by statutory declaration of statements in the request: see section   129.



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