• Conditions of use – Manage ABN Connections

    1 Background

    1.1 The Registrar of the Australian Business Register (ABR):

    • has established the AUSkey System to facilitate internet-based electronic transactions between Business Entities and participating Agencies
    • is the Certification Authority (CA) for the AUSkey System.

    1.2 The Manage ABN Connections service

    • offers an alternative way to access functions offered by the AUSkey System which facilitate internet-based electronic transactions between Business Entities and participating Agencies

    1.3 The Business wishes to use (and have the myGov account holder use on its behalf) the Manage ABN Connections service.

    • The Business means the entity identified by its Australian Busiess Number (ABN) in the application to use Manage ABN Connections.
    • The myGov account owner means the owner of a myGov account with the Department of Human Services.
    • A reference in these conditions of use to the ABR CA includes a reference to the ABR Certification Authority, the ABR Root Certification Authority, the ABR Registration Authority, the ABR Registrar, the Commonwealth, and their respective officers, employees and agents.

    1.4 These conditions of use apply to the myGov account owner who uses the Manage ABN Connections service in relation to a business and also to the business which has authorised the myGov account owner to undertake internet-based transactions on its behalf.

    2 Identification of myGov account owner

    When a myGov account owner connects an ABN to their myGov account using the Manage ABN Connections service, their name and date of birth will be provided to the Department of Industry and Science who undertake validation of myGov and AUSkey credentials on behalf of the ATO. The disclosure of those details will allow the ATO to confirm the user’s identity with their myGov details to allow the nominated ABN to be connected with their myGov account.

    3 Use of Manage ABN Connections

    3.1 A myGov account owner is only eligible to use the Manage ABN Connections service to conduct internet based transactions on behalf of a business if they are:

    • an associate or owner of the business
    • authorised by an associate of the business
    • authorised by an AUSkey holder who has administrator privileges in relation to the business

    3.2 In using Manage ABN Connections service to connect an ABN to a myGov account the myGov account holder and the business are jointly and severally responsible for the use of the service, including all transactions and communications carried out under or using it.

    3.3 The myGov account holder must not use the Manage ABN Connections service for any unlawful or improper purpose.

    3.4 The Business warrants that the myGov account holder has full authority to use the Manage ABN Connections service on the Business' behalf.

    4 Responsibilities in relation to Manage ABN Connections

    4.1 The myGov account owner and the Business must not:

    • disclose the password for a myGov account to any other person
    • store the myGov password in a keystore to which any other person has access.
    • otherwise allow, grant, permit or enable any person other than the myGov account owner to use the Manage ABN Connections service.

    4.2 The Business must promptly advise the ABR CA if:

    • the Certificate Holder is no longer authorised to use the Manage ABN Connections service on the Business' behalf
    • it becomes aware of any unauthorised use of the Manage ABN Connections service.

    5 Cancellation of the Manage ABN Connections service

    5.1 Where the ABR Registrar revokes a myGov account owners access to ABN business services the connection in the Manage ABN Connections service will be revoked.

    6 Warranty and Indemnity

    6.1 The ABR CA gives no implied or express warranties in relation to the Manage ABN Connections service or its use. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.

    6.2 The Business indemnifies the ABR CA against any loss arising from any:

    • failure by it (or the myGov account owner) to ensure the safety and integrity of the myGov account username and password
    • use of the Manage ABN Connections service otherwise than in accordance with these Conditions of Use
    • willful, negligent or unlawful act or omission by it (or the myGov account owner) in relation to the storage or use of the myGov account username and password.

    6.3 The Business' liability under this indemnity is reduced to the extent that any willful, negligent or unlawful act or omission by the ABR CA has contributed to its loss.

    7 General

    7.1 These Conditions of Use are governed by, and are to be construed in accordance with, the laws for the time being in force in the Australian Capital Territory.

    • Last modified: 09 May 2016QC 964