CAF - clarification: when is Australian Consular Officer, witness required.

[DMc]

MPR guidance note 1 Client Authorisation. Question 8 says "Q8: Can a Client Authorisation be signed overseas?
A8: Yes. An overseas client is to be treated the same as a client in Australia and therefore
a Client Authorisation form can be signed overseas."

However, the current version of CAF has "AUSTRALIAN CONSULAR OFFICE WITNESS (if applicable)" in the client authorisation and signing section of the form. (NB: only time 'witness' is mentioned.)

So if VOI has been satisfactorily done for an existing client who then decides to move overseas, is an Australian Consular Officer (ACO) required to witness the CAF like they would if settled on paper transfer? 

Or is that ACO witness required on the CAF, only for Western Australian mortgages?

@FionaR

[TJ]

Hey @DMc,

Good Question, the Client Authorisation Form is prescribed by ARNECC so I can't get the answer for you myself. So what I've done is forwarded this query to ARNECC and once we have received their response I'll get back to you with their answer.

[TJ]

Hey @DMc,

I have an answer for you

Witnessing by an Australian Consular Officer is only required when the ACO Verification of Identity and Witnessing Process is utilised - see the Appendix to the MPR Version 4 Guidance Note #2 Verification of Identity at paragraph 9.

[DMc · Accepted solution]

Thanks @TJ. Just to clarify -Only required where VOI is being done overseas for mortgagor &/OR at the subscriber request?

[TJ · Accepted solution]

Sorry about the delayed response @DMc, the legal team helped me out with this one and they wanted to be sure

That would be a yes, though keep in mind that we don't administer the Model Participation Rules, just interpret them.

[Consular_Houston]

Hello, the guidance you have provided is very helpful. Can you tell me exactly where on the Client Auth form the consular office is required to sign?

There is a very small space for the consular officer to write their name and the date, but there is no space indicated for the signature of the witnessing Consular officer to sign on the Client Authorisation.

Would the form be rendered invalid if a signature is placed in the Capacity field?

Should a signature be placed in the margin? 

The consular officer does sign the Identifier's Certificate together with the certified copies however it would seem that the witness' signature would also be required on the Client Authorisation form.

Grateful for your advice.

[TJ]

Interesting question @Consular_Houston,

I haven't seen the form myself, @DMc do you know if it matters where it's signed? Or have you seen where the consular office has signed in the past?

[DMc]

G'Day @TJ & @Consular_Houston Not absolutly certain myself, but I would imagine the usual place where any 3rd party Representative Agent would sign, ie Bottom 'Representative Details and Signing' Box on the right side under 'Representative Agent' should suffice... 

Since 'Representative' would be the PEXA practitioner while the 'Representative Agent' would include the Identity Agent...

[DMc]

Merely FYI

Quick google check says the Consular form under ARNECC website publications has a newer version available from DFAT…

https://www.smartraveller.gov.au/sites/default/files/2019-11/DFAT-Identity-Certificate-Witnessing-Si...