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  2. Form information guide

Form information guide

Important information

You must consider the PDS which contains important information about investing in this Fund before completing this Application Form. The PDS can be found via our website australianunity.com.au/wealth/. A reference to ‘you’, or ‘your’, includes individuals or entities making an investment.

1. Providing your information

Your personal information

We collect your personal information for the following purposes:

  • to administer and provide products and services and to manage our relationship with you;
  • to process transactions;
  • to answer queries and for security purposes;
  • to develop products and services;
  • to meet regulatory requirements; and
  • to allow the Australian Unity Group to market products and services to you (subject to your right to opt-out of receiving various direct marketing materials at any time). In managing your account, we may need to disclose your personal information to:
    • your financial adviser, either directly or through other service providers (such as platform software including Xplan and Visiplan) which we may have arrangements with;
    • reputable service providers who may carry out functions associated with our products and services on our behalf (e.g. mailing houses who conduct mailings for us);
    • our Australian financial institution to initiate the drawing from or payment to your nominated Australian financial institution account (where you have selected the direct debit or credit facility); and
    • a third party, as required by law.

You are entitled to access information we have about you. You should notify us immediately if any of the information we hold about you changes, so that we can ensure that your information is complete, accurate and up to date.

If you do not provide the information requested on the Application Form, we may be unable to process your application request.

Collecting your personal information

We collect and manage your personal information in accordance with the law and the Australian Unity Privacy Policy, which can be accessed from our website -  australianunity.com.au/privacy-policy. If you have any concerns or questions about the privacy of your personal information please contact our Privacy Officer:

Email: investments@australianunity.com.au
Address: Australian Unity – Investment
271 Spring Street
Melbourne VIC 3000


If you are not satisfied with how your concern was addressed you may contact the Privacy Commissioner at:

Address: Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001

Changing your personal details

It is important that we maintain accurate records about you. Please inform us of any changes to your personal details as soon  as possible. You can change your personal details, such as mailing address, phone, mobile or email address, by:

  • logging into your account on our website portal australianunity.com.au/wealth/login;
  • sending us a request by mail;
  • emailing us at australianunitywealth@unitregistry.com.au; or
  • calling us on 1300 997 774.

Please ensure that you provide us with the following information when requesting a change of personal details:

  • your account number;
  • the full name on your account;
  • the change(s) you are requesting;
  • a contact name and daytime phone or mobile number in case we need to contact you; and
  • where the request is made by mail, ensure each signatory to the investment account signs the request.

Providing instructions via email

We offer an email service that allows you to send us instructions on your account. Any instructions which are submitted to us by email must have your signature or that of an authorised signatory on your account. By using our service, you are taken to have agreed and understood that neither we nor any part of the Australian Unity Group accept any responsibility or liability for any payment or action we make based on any instruction (even if not genuine) that we receive by email bearing your account number, a signature which is apparently yours, or that of an authorised signatory on your account. This means that you cannot make a claim for such a thing as a fraudulent email redemption request made by someone who has access to your investor code and a copy of your signature. You use the service entirely at your own risk.

2. Direct Debit Request Service Agreement

This is your Direct Debit Request Service Agreement with OneVue Fund Services Pty Ltd ABN 18 107 333 308 (User ID 411595) . It explains what your obligations are when undertaking a Direct Debit arrangement with them. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request and should be read in conjunction with your Direct Debit Request authorisation. If you require a copy of a Direct Debit Service Agreement. If you require a copy of a Direct Debit Service Agreement, a copy is available at: https://cms2.onevue.com.au/index.php/download_file/4180/

The terms for this Direct Debit Service Agreement are for the purpose of an investment into the Australian Unity Fund by:

  • Initial investment by direct debit, or
  • Regulars Savings Plan.

Definitions

  • account means the account held at your nominated Australian financial institution from which we are authorised to arrange for funds to be debited.
  • agreement means this Direct Debit Request Service Agreement between you and us.
  • banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
  • debit day means the day that payment from you to us is due.
  • debit payment means a particular transaction where a debit is made.
  • Direct Debit Request means the direct debit request between us and you as generated by selecting the direct debit option in the application form.
  • Us or We means OneVue Fund Services Pty Ltd ABN 18 107 333 308 (User ID 411595) which you have authorised by requesting a direct debit request.
  • PDS means the offer document to which this agreement is incorporated by reference and which sets out the terms of the
  • offer of the fund.
  • fund means the Australian Unity Fund in which you are investing.
  • you or your means the customer who has signed the Direct Debit Request.
  • your financial institution means the Australian financial institution as nominated by you on the Direct Debit Request at
  • which the account is maintained.

Our commitment to you

  • By signing a Direct Debit Service Agreement/Request, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
  • We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.
  • Where you request a one-off debit, the payment will be drawn from your nominated account after we accept your application.
  • For regular debits, payment will normally start to be drawn from your nominated account from the 15th day of the month following the date we receive your application (e.g. for an application received on 1 March, the first deduction will occur on 15 March).
  • Where the due date for a drawing falls on a non-business day, it will be drawn from your account on the next business day. If you are unsure about which day your account has or will be deducted you should ask your financial institution.
  • We may vary any terms of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice sent to the preferred email/address you have given us in the Direct Debit Request.
  • We will keep the details of your nominated account and financial institution private and confidential.
  • We will investigate and deal promptly with any queries, claims or complaints regarding debits.

Your commitment to Australian Unity (us)

  • It is your responsibility to check with your nominated Australian financial institution to confirm that direct debits are available on your account as direct debiting through the Bulk Electronic Clearing System (BECS) may not be available on all accounts.
  • If there are insufficient clear funds in your account to meet a debit payment:
    • (a) you may be charged a fee and/or interest by your financial institution;
    • (b) we may charge you reasonable costs incurred by us on account of there being insufficient funds; and
    • (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
  • It is your responsibility to ensure that the authorisation at Section 7 ‘Financial Institution Account Details’ of this Application Form matches the signing instructions on your nominated Australian financial institution account.
  • It is your responsibility to ensure that there are sufficient cleared funds in the nominated Australian financial institution account to allow a debit payment to be made on the drawing date in accordance with the Direct Debit Request. We may reject your application if we are unable to draw funds from your nominated Australian financial institution.
  • It is your responsibility to cover any charges resulting from the use of the direct debit program. This may include transaction fees charged by us or your nominated Australian financial institution due to dishonoured drawing.
  • It is your responsibility to check your account details which you have provided to us are correct by checking them against a recent account statement from your Australian financial institution.
  • It is your responsibility to check with your financial institution before completing Section 7 ‘Financial Institution Account Details’ of this Application Form, if you have any queries about how to complete the Direct Debit Request.
  • It is your responsibility to check your account statement to verify that the amounts debited from your account are correct.

Changes to the arrangement

If you want to make changes to the drawing arrangements, please notify us in writing (see below section ‘Notice’ for our mailing address), at least five (5) business days prior to the drawing date. You can also contact your own financial institution, which must act promptly on your instructions. These changes may include:

  • deferring the drawing;
  • altering the details of the drawing;
  • stopping an individual debit; or
  • cancelling the Direct Debit Request completely.

Enquiries

All your personal customer information held by us will remain confidential, except for information that may be provided to our financial institution to initiate the drawing to your nominated account, or information that may be disclosed to a third party as required by law. Information may also be provided to any entity within the Australian Unity Group to enable the Direct Debit Request to be effected as required by law.

Disputes

  • If you believe there has been an error in debiting your account, you should notify us directly in writing by mail, emailing us at australianunitywealth@unitregistry.com.au or contacting us on 1300 997 774 or 03 9616 8687 (see below section ‘Notice’ for our mailing address) and then confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.
  • If we conclude, as a result of our investigations that your account has been incorrectly debited, we will respond to your query by arranging within a reasonable period for your Australian financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
  • If we conclude, as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you reasons and any evidence for this finding in writing.
  • If you do not receive a satisfactory response from us, then please follow up with your nominated Australian financial institution regarding your claim.
  • You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing.

Confidentiality

  • We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
  • We will only disclose information that we have about you:
    • (a) to the extent specifically required by law; or
    • (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

Notice

  • If you wish to notify us in writing about anything relating to this agreement, you should write to:

    Australian Unity Wealth & Capital Markets
    GPO Box 804
    Melbourne VIC 3001

    or email us at
    australianunitywealth@unitregistry.com.au

  • We will notify you by:

    (a) sending a notice in the ordinary post to the address you have given us in this Application Form to the PDS;

    or

    (b) by sending a notice electronically to the email address you have given us in the Application Form to the PDS.

  • Any notice will be deemed to have been received, when it is received prior to 3:00pm in our Melbourne office.

3. Anti-Money Laundering Laws and the Application Form

Anti-Money laundering

Australia’s Anti-Money Laundering and Counter Terrorism Financing (‘AML/CTF’) laws requires Australian Unity to adopt and maintain an AML/CTF program. To meet this legal requirement, we need to collect certain identification information and documentation (Know Your Client (‘KYC’) Documents) from new investors.

  • If you are applying through a financial adviser: Your financial adviser will assist you in providing the necessary identification documents prior to lodging the application.
  • If you are submitting your application directly (without the assistance of a financial adviser):

The required identification documents are set out under ‘Applying for different types of investment accounts’ below.

Please note that any certified identification documents must be certified by an approved certifier. See ‘Identification Forms’ on page 14 of the Application Form for more details. Existing investors may also be asked to provide KYC Documents as part of a re-identification process to comply with the AML/CTF laws.

Processing of applications or withdrawals will be delayed or refused if investors do not provide the required KYC Documents when requested.

Under the AML/CTF laws, Australian Unity is required to submit regulatory reports to the Australian Transaction Reports and Analysis Centre (AUSTRAC). This may include the disclosure of your personal information. Australian Unity may not be able to tell you when this occurs. As a result, if instructed by AUSTRAC, Australian Unity may be required to deny you (on a temporary or permanent basis) access to your investment. This could result in loss of the capital invested, or you may experience significant delays when you wish to transact on your investment.

We are not liable for any loss you may suffer because of compliance with the AML/CTF laws.

Politically Exposed Persons (‘PEP’)

To comply with AML/CTF laws we check whether you (or any of your beneficial owners) are, or have an association with, a PEP. A PEP is an individual who holds a prominent public position or function in a government body or an international organisation in Australia or overseas, such as a Head of State, or Head of a Country or Government, or a Government Minister, or equivalent senior politician. A PEP can also be an immediate family member of a person referred to above, including spouse, de facto partner, child, and a child’s spouse or a parent. A close associate of a PEP, i.e. any individual who is known to have joint beneficial ownership of a legal arrangement or entity is also considered to be a PEP. Where you identify as, or have an association with, a PEP, we may request additional information from you.

Source of investable assets/wealth

Under AML/CTF laws, we are required to identify your source of investable assets/wealth.

Non-individual entities – your beneficial owners

Your beneficial owner means an individual who ultimately ‘controls’ you (directly or indirectly) or owns you (directly or indirectly). ‘Control’ includes control (directly or indirectly) as a result of, or by means of trusts (including in the capacity as beneficiary, trustee or settlor), an agreement, an understanding or practice, and further includes the ability to exercise control over decisions about financial and operating policies. ‘Owns’means ownership (either directly or indirectly) of 25% or more of you.

Under AML/CTF laws you are required to provide information about your Beneficial Owners for certain account types including:

  • Australian incorporated or created entities such as:

    – unlicensed proprietary limited companies, not subject to regulatory oversight (note: not applicable for complying Australian Superannuation Fund investors); or

    – unregistered trusts, including family trusts.

  • Entities incorporated or created outside of Australia such as:

    – companies;

    – partnerships;

    – trusts; or

    – estates.

These account types will be required to complete the Beneficial Owner Information section of the Application Form.

Automatic Exchange of Information (AEOI) regime

AEOI is the exchange of financial account information between tax authorities in relevant countries. This requires financial institutions including Australian Unity, to collect tax residency information from their customers.

AEOI is currently made up of two information sharing frameworks:

  • The Foreign Account Tax Compliance Act (FATCA) which is a US framework to identify US citizens and tax residents with accounts in foreign (non-US) jurisdictions. This has been in place since 1 July 2014; and
  • The Common Reporting Standard under which details of foreign tax resident accounts are shared between participating governments. Phased implementation of this regime commenced 1 January 2016 globally, and commenced in Australia from 1 July 2017.

Common Reporting Standard (CRS)

CRS is a global standard for collecting, reporting and exchanging financial information on foreign tax residents, which was initiated by the Organisation for Economic Cooperation and Development (OECD) to provide greater transparency and reduce offshore tax evasion in over 100 participating countries and jurisdictions.

In accordance with CRS, banks and other financial institutions in Australia are required to collect financial account information from their customers who are resident in countries other than Australia for tax purposes, and provide financial information to the Australian Tax Office where it will be exchanged with other participating countries. These changes are a legislative requirement, therefore must be complied with. You must complete the Tax Information Form (as part of your Application Form) if the following is applicable:

  • Your country of residence for tax purposes is outside of Australia; or
  • You are (or you are applying on behalf of) a ‘non-individual’ account type investing in this Fund (other than a complying Australian Superannuation Fund) and you are a tax resident of another country other than Australia; or
  • You have a Controlling Person1 that is a tax resident of a country other than Australia1 (applicable to Company/Regulated Trust/Unregulated Trust/Estate/Sole Trader/Partnership – Corporate applicants only).

Units cannot be issued to you until you have provided a completed Tax Information Form.

A Controlling Person is an individual who directly or indirectly exercises control over the Entity.

For a company, this includes any beneficial owners controlling more than 25% of the shares in the company.

For a Trust this includes:

  • Trustees;
  • Settlors; or
  • Beneficiaries.

For a partnership this includes:

  • Any partners.

Where there are no natural persons that control the Entity through ownership, the controlling person(s) may be a natural person(s) who could be a senior managing official.

Submitting your application without the assistance of a financial adviser

If you are submitting the Application Form directly, without having consulted with a financial adviser, you must include the relevant identification documents when you submit your Application Form.

Please take your time to complete the Application Form, ensuring that all of the required information (for example, AML/KYC and CRS requirements) is included. If your application does not meet the requirements and we need to contact you for further information, this may result in you receiving a different unit price than you expected. Units cannot be issued to you until you have provided a completed Tax Residency Information Form and submitted all required verification documents.

Certification of documents

You must have someone certify the copies you send to us. We suggest you use the following statement on the copy being certified:

'I certify this to be a true copy of [name of document] the original of which, was seen by me at the time of signing'.

The certified copy must also be dated, and have the signature, printed name, occupation, employer and address of the person certifying the document. Please note your identification document must be in date (or within two years of expiry for a passport).

The following people can be the certifier:

You must certify the copies you send to us by one of the following certifiers:

  • a Justice of the Peace
  • a Notary public (for the purposes of the Statutory Declaration Regulations 1993)
  • an agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
  • a permanent employee of the Australian Postal Corporation with 2 or more years of continuous service who is employed in an office supplying postal services to the public
  • an officer with, or authorised representative of, a holder of an Australian financial services licence, having 2 or more continuous years of service with one or more licensees
  • an officer with 2 or more continuous years of service with one or more financial institutions (for the purposes of the Statutory Declaration Regulations 1993)
  • a finance company officer with 2 or more continuous years of service with one or more finance companies (for the purposes of the Statutory Declaration Regulations 1993)
  • a member of the Institute of Chartered Accountants in Australia, CPA Australia or the National Institute of Accountants with 2 or more years of continuous membership
  • a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described)
  • a Judge of a court
  • a magistrate
  • a chief executive officer of a Commonwealth court
  • a registrar or deputy registrar of a court
  • a Police officer
  • an Australian consular officer or an Australian diplomatic officer (within the meaning of the Consular Fees Act 1955).

4. Completing the Application Form

The following information is provided to assist you in completing and lodging the Application Form.

  • You may type your details into the Application Form; or use a blue or black pen.
  • Print in BLOCK letters inside the boxes.
  • Answer all sections unless otherwise indicated (if a section does not apply, please indicate using ‘N/A’).
  • Ensure each signatory to the investment account signs the Application Form.
  • Complete section 7 ‘Financial Institution Account Details’
  • Scan and email, or mail your Application Form, relevant identification documents (where required) and direct debit instructions to our mailing address (see ‘Lodgement’).

Providing your Tax File Number (TFN)

You may decide whether you wish to provide your TFN on the Application Form. If we do not receive your TFN, ABN or appropriate exemption information, we must withhold tax at the highest marginal tax rate (plus levies) from distributions paid to you.

Signing the Application Form

Read the declaration section carefully before signing the Application Form. Each signatory to the investment account must sign the Application Form(s). If signed under Power of Attorney, the Attorney must certify that they have not received notice of revocation of the Power. A certified copy OR a copy of a certified copy of the Power of Attorney for our reference. Company applications must be signed in accordance with the constitution or rules of the company.

Lodgement

  • By email
    australianunitywealth_transactions@unitregistry.com.au
  • By post
    Australian Unity Wealth & Capital Markets
    GPO Box 804
    Melbourne VIC 3001

Identification documents:

If you are submitting this Application Form directly, without having consulted with a financial adviser, you must include the relevant identification documents when you submit your Application Form. Your identification documents can be sent to us by the following means:

  • By email:
    A scanned copy of a certified copy; and/or
    A scanned copy of a certified extract.
  • By post:
    A certified copy; and/or
    A certified extract.

The application will be considered lodged when it is received in our Melbourne office on a Melbourne business day, prior to 3:00pm.

Incomplete applications

Please take your time to complete the Application Form, ensuring that all of the required information is included, or we may not be able to process your application. If we do not receive sufficient information from you, we will contact you to request the necessary information. Any delay in providing the necessary information may result in you receiving a different unit price than you expected.

We reserve the right to decline your application if your application does not meet our AML/KYC requirements. We recommend you carefully complete the Application Form. If you require assistance with completing the Application Form, please call us on 1300 997 774 or 03 9616 8687.

If your application is incomplete and if the additional information is not received after 30 business days, we may return the application and your application monies to you.

5. Applying for different types of investment accounts

The following identification documents are required if you are submitting your application directly, without the assistance of a financial adviser.

Please Note:

  • You may be required to complete the ‘Beneficial Owner Information’ section of the Application Form.
  • Please send us certified copies, not originals. We will keep what you send to us.
  • Certified copies of your relevant identification document(s) must not be more than 12 months old.