Commonwealth Consolidated Acts

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FINANCIAL ACCOUNTABILITY REGIME ACT 2023 - SECT 23

The key personnel obligations of an accountable entity

  (1)   The key personnel obligations of an accountable entity are:

  (a)   subject to subsections   (2) and (3), to ensure that the responsibilities of the accountable persons of the accountable entity and its significant related entities cover:

  (i)   all parts or aspects of the operations of the accountable entity's relevant group; and

  (ii)   each of the responsibilities to which subsection   10(2) applies; and

  (iii)   each of the responsibilities to which subsection   10(3) applies; and

  (b)   to ensure that no accountable person of the accountable entity or any of its significant related entities is prohibited by section   24 from being an accountable person of the accountable entity or significant related entity; and

  (c)   to comply with each direction the Regulator gives to the accountable entity under section   65; and

  (d)   to take reasonable steps to ensure that each of the accountable entity's significant related entities complies with each of paragraphs   (b) and (c) as if the significant related entity were an accountable entity.

Note:   For the definition of relevant group , see section   8.

  (2)   Paragraph   (1)(a) does not apply in relation to a responsibility excluded by the Regulator under subsection   11(2) or (3).

  (3)   If the accountable entity is a foreign accountable entity, the accountable entity's obligation under paragraph   (1)(a) is taken to be an obligation to ensure that the responsibilities of the accountable entity's accountable persons cover:

  (a)   all parts or aspects of the operations of each branch of the accountable entity operating in Australia; and

  (b)   for each such branch:

  (i)   each of the responsibilities to which subsection   10(2) applies; and

  (ii)   each of the responsibilities to which subsection   10(3) applies.



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