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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Commonwealth Registers Bill 2019
No. , 2019
(Treasury)
A Bill for an Act relating to a government registry
regime, and for related purposes
No. , 2019
Commonwealth Registers Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Object of this Act............................................................................... 2
4
Simplified outline of this Act ............................................................ 2
5
Definitions ......................................................................................... 3
Part 2--The Registrar
6
6
Appointment of the Registrar ............................................................ 6
7
Functions ........................................................................................... 6
8
Powers ............................................................................................... 6
9
Directions by Minister ....................................................................... 7
10
Delegation ......................................................................................... 7
11
Assisted decision making .................................................................. 8
12
Liability for damages ......................................................................... 8
Part 3--How the Registrar is to perform and exercise functions
and powers
10
13
Data standards ................................................................................. 10
14
Giving information to the Registrar ................................................. 11
15
How the Registrar is to perform and exercise functions and
powers ............................................................................................. 11
Part 4--Disclosure of information
13
16
Disclosure framework ..................................................................... 13
17
Protection of confidentiality of protected information ..................... 14
18
Authorisation of recording or disclosure ......................................... 15
19
Preventing disclosure of particular protected information ............... 15
20
Authorisation for purposes of Privacy Act ...................................... 16
21
Disclosure to a court ........................................................................ 16
Part 5--Miscellaneous
17
22
Review of decisions ......................................................................... 17
23
Extracts of information to be admissible in evidence ...................... 17
24
Annual report ................................................................................... 18
25
Rules ................................................................................................ 18
No. , 2019
Commonwealth Registers Bill 2019
1
A Bill for an Act relating to a government registry
1
regime, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the
Commonwealth Registers Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1
Preliminary
Section 3
2
Commonwealth Registers Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Object of this Act
10
The object of this Act is to facilitate a modern government registry
11
regime that:
12
(a) is flexible, technology neutral and governance neutral; and
13
(b) facilitates timely and efficient access to information
14
(including, where appropriate, on a real time basis) by
15
regulators and other users of the information.
16
4 Simplified outline of this Act
17
This Act provides for the Registrar's role relating to a government
18
registry regime.
19
The Minister appoints an existing Commonwealth body to be the
20
Registrar under Part 2, with the functions and powers of the
21
Registrar largely set out in other Commonwealth laws. (Different
22
Registrars can be appointed for different functions or powers of the
23
Registrar). The Minister can give directions to the Registrar.
24
The Registrar performs those functions and exercises those powers
25
in accordance with the data standards (and other Commonwealth
26
Preliminary
Part 1
Section 5
No. , 2019
Commonwealth Registers Bill 2019
3
laws) under Part 3. The data standards are disallowable instruments
1
made by the Registrar. They may deal with such matters as how
2
information is given to the Registrar (including electronically).
3
Disclosure of information that the Registrar has is governed by
4
Part 4. Broadly speaking:
5
(a)
information can be disclosed to government agencies for
6
the performance of their functions; and
7
(b)
other disclosures (such as by public access to
8
information) are dealt with by the disclosure framework,
9
which is a disallowable instrument made by the
10
Registrar.
11
Certain decisions made by the Registrar are reviewable by the
12
Administrative Appeals Tribunal.
13
5 Definitions
14
In this Act:
15
Australian business law
means a law of the Commonwealth, or of
16
a State or Territory, that is a law that regulates, or relates to the
17
regulation of, business or persons engaged in business.
18
Commonwealth body
means:
19
(a) an Agency (within the meaning of the
Public Service Act
20
1999
); or
21
(b) a body, whether incorporated or not, established for a public
22
purpose by or under a law of the Commonwealth; or
23
(c) a person:
24
(i) holding or performing the duties of an office established
25
by or under a law of the Commonwealth; or
26
(ii) holding an appointment made under a law of the
27
Commonwealth.
28
data standards
means standards made by the Registrar under
29
section 13.
30
Part 1
Preliminary
Section 5
4
Commonwealth Registers Bill 2019
No. , 2019
designated secrecy provision
has the meaning given by
1
subsection 18(3).
2
disclosure framework
means the disclosure framework made by
3
the Registrar under section 16.
4
excluded law
means:
5
(a) the Corporations legislation (within the meaning of the
6
Corporations Act 2001
); or
7
(b) the Commonwealth credit legislation (within the meaning of
8
the
National Consumer Credit Protection Act 2009
); or
9
(c) the
Business Names Registration Act 2011
and the
Business
10
Names Registration (Transitional and Consequential
11
Provisions) Act 2011
; or
12
(d) any other law of the Commonwealth in respect of which the
13
Commonwealth Parliament has been referred matters:
14
(i) by the Parliament or Parliaments of any State or States
15
for the purposes of paragraph 51(xxxvii) of the
16
Constitution; and
17
(ii) to the extent of the making of laws with respect to those
18
matters by making express amendments of that other
19
law.
20
government entity
has the meaning given by section 41 of the
A
21
New Tax System (Australian Business Number) Act 1999
.
22
official employment
means:
23
(a) appointment or employment by the Commonwealth, or the
24
performance of services for the Commonwealth; or
25
(b) the exercise of powers or performance of functions under a
26
delegation by the Registrar.
27
protected information
means information:
28
(a) obtained by a person in the course of the person's official
29
employment; and
30
(b) disclosed to the person or another person, or obtained by the
31
person or another person:
32
(i) under, or in relation to, this Act; or
33
Preliminary
Part 1
Section 5
No. , 2019
Commonwealth Registers Bill 2019
5
(ii) under another law of the Commonwealth in connection
1
with particular functions or powers of the Registrar.
2
Registrar
means a Commonwealth body appointed under section 6.
3
rules
means the rules made under section 25.
4
secrecy provision
has the meaning given by subsection 18(2).
5
taxation law
has the same meaning as in the
Income Tax
6
Assessment Act 1997
.
7
Part 2
The Registrar
Section 6
6
Commonwealth Registers Bill 2019
No. , 2019
Part 2--The Registrar
1
2
6 Appointment of the Registrar
3
(1) The Minister may, by notifiable instrument, appoint a
4
Commonwealth body to be the Registrar.
5
(2) The Minister may, by notifiable instrument, appoint a
6
Commonwealth body to be the Registrar in relation to one or more
7
functions or powers of the Registrar.
8
(3) If more than one appointment under this section is in force, a
9
reference in this Act to the Registrar is taken to be a reference to
10
each Registrar in relation to the functions or powers for which it is
11
the Registrar.
12
7 Functions
13
The Registrar's functions are:
14
(a) such functions as are conferred on the Registrar by or under
15
this Act or any other law of the Commonwealth (other than
16
an excluded law); and
17
(b) such functions as are prescribed by rules made for the
18
purposes of this paragraph; and
19
(c) such functions as are incidental to the functions mentioned in
20
paragraph (a) or (b).
21
8 Powers
22
The Registrar's powers include:
23
(a) such powers as are conferred:
24
(i) on the Registrar in relation to the functions mentioned
25
in section 7; and
26
(ii) by or under this Act or any other law of the
27
Commonwealth (other than an excluded law); and
28
(b) the power to do all things necessary or convenient to be done
29
for or in connection with the performance of those functions.
30
The Registrar
Part 2
Section 9
No. , 2019
Commonwealth Registers Bill 2019
7
9 Directions by Minister
1
(1) The Minister may, by legislative instrument, give written directions
2
to the Registrar about the performance of its functions and the
3
exercise of its powers.
4
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
5
Legislation Act 2003
do not apply to the directions (see regulations
6
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
7
Act).
8
(2) Without limiting subsection (1), a direction under that subsection
9
may relate to any of the following:
10
(a) matters to be dealt with in the data standards or disclosure
11
framework;
12
(b) consultation processes to be followed prior to making data
13
standards or the disclosure framework.
14
(3) A direction under subsection (1) must be of a general nature only.
15
(4) Subsection (3) does not prevent a direction under subsection (1)
16
from relating to a particular matter to be dealt with in the data
17
standards or disclosure framework. However, the direction must
18
not direct the Registrar how to apply the data standards or
19
disclosure framework in a particular case.
20
(5) The Registrar must comply with a direction under subsection (1).
21
10 Delegation
22
(1) The Registrar may, in writing, delegate all or any of the Registrar's
23
functions or powers under this Act (other than the power to make
24
data standards or the disclosure framework) to:
25
(a) any person to whom it may delegate any of its other
26
functions, as a Commonwealth body, under a law of the
27
Commonwealth; or
28
(b) any person of a kind specified in the rules.
29
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
30
provisions relating to delegations.
31
Part 2
The Registrar
Section 11
8
Commonwealth Registers Bill 2019
No. , 2019
(2) In performing a delegated function or exercising a delegated
1
power, the delegate must comply with any written directions of the
2
Registrar.
3
11 Assisted decision making
4
(1) The Registrar may arrange for the use, under the Registrar's
5
control, of processes to assist decision making (such as computer
6
applications and systems) for any purposes for which the Registrar
7
may make decisions in the performance or exercise of the
8
Registrar's functions or powers, other than decisions reviewing
9
other decisions.
10
(2) A decision the making of which is assisted by the operation of such
11
a process under an arrangement made under subsection (1) is taken
12
to be a decision made by the Registrar.
13
(3) The Registrar may substitute a decision for a decision (the
initial
14
decision
) the making of which is assisted by the operation of such
15
a process under an arrangement under subsection (1) if the
16
Registrar is satisfied that the initial decision is incorrect.
17
12 Liability for damages
18
None of the following:
19
(a) the Minister;
20
(b) the Registrar;
21
(c) if the Registrar is a Commonwealth body that has members--
22
a member of the Registrar;
23
(d) a member of the staff of the Registrar;
24
(e) a person who is, or is a member of or a member of the staff
25
of, a delegate of the Registrar;
26
(f) a person who is authorised to perform or exercise a function
27
or power of, or on behalf of, the Registrar;
28
(g) an APS employee, or an officer or employee of a
29
Commonwealth body, whose services are made available to
30
the Registrar in connection with the performance or exercise
31
of any of the Registrar's functions or powers;
32
The Registrar
Part 2
Section 12
No. , 2019
Commonwealth Registers Bill 2019
9
is liable to an action or other proceeding for damages for or in
1
relation to an act done, or omitted to be done, in good faith in
2
performance or purported performance of any function, or in
3
exercise or purported exercise of any power, conferred or
4
expressed to be conferred by or under this Act.
5
Part 3
How the Registrar is to perform and exercise functions and powers
Section 13
10
Commonwealth Registers Bill 2019
No. , 2019
Part 3--How the Registrar is to perform and
1
exercise functions and powers
2
3
13 Data standards
4
(1) The Registrar may, by legislative instrument, make data standards
5
on matters relating to the performance of the Registrar's functions
6
and the exercise of the Registrar's powers.
7
(2) Without limiting subsection (1), the data standards may provide for
8
any of the following:
9
(a) what information may be collected for the purposes of the
10
performance of the Registrar's functions and the exercise of
11
the Registrar's powers;
12
(b) how such information may be collected;
13
(c) the manner and form in which such information is given to
14
the Registrar;
15
(d) when information is to be given to the Registrar;
16
(e) how information held by the Registrar is to be authenticated,
17
verified or validated;
18
(f) how information held by the Registrar is to be stored;
19
(g) correction of information held by the Registrar;
20
(h) the manner and form of communication between the
21
Registrar and persons who give information to the Registrar
22
or seek to access information held by the Registrar;
23
(i) integrating or linking information held by the Registrar.
24
(3) Without limiting subsection (1), the data standards may provide
25
differently in relation to different functions or powers of the
26
Registrar.
27
(4) If:
28
(a) a Commonwealth body (the
new Registrar
) is appointed as
29
the Registrar with particular functions or powers; and
30
How the Registrar is to perform and exercise functions and powers
Part 3
Section 14
No. , 2019
Commonwealth Registers Bill 2019
11
(b) immediately before that appointment, another
1
Commonwealth body was the Registrar with those functions
2
or powers; and
3
(c) the new Registrar does not have data standards that would
4
apply to those functions or powers;
5
any data standards applying to those functions or powers
6
immediately before that appointment continue to apply until the
7
new Registrar makes data standards that apply to those functions or
8
powers, or amends its existing data standards to apply to those
9
functions or powers.
10
14 Giving information to the Registrar
11
(1) Without limiting section 13, the data standards may provide that
12
information is to be given to the Registrar in electronic form, or
13
any other specified form.
14
(2) A requirement under a law that information is to be provided to the
15
Registrar in a particular form or manner (however described),
16
including a requirement:
17
(a) that the information is to be "lodged" or "furnished"; and
18
(b) that the information is to be "written" or "in writing"; and
19
(c) that a "copy" of a document containing the information is to
20
be provided;
21
is not taken to restrict by implication what the data standards may
22
provide under subsection (1) in relation to that information.
23
15 How the Registrar is to perform and exercise functions and
24
powers
25
(1) The Registrar must perform its functions and exercise its powers in
26
accordance with:
27
(a) the data standards; or
28
(b) if there are no data standards that apply to particular
29
functions or powers--any requirement relating to those
30
functions or powers as in force immediately before those
31
functions or powers became functions or powers of the
32
Registrar.
33
Part 3
How the Registrar is to perform and exercise functions and powers
Section 15
12
Commonwealth Registers Bill 2019
No. , 2019
(2) This section does not affect the application to the Registrar of any
1
other law of the Commonwealth.
2
Disclosure of information
Part 4
Section 16
No. , 2019
Commonwealth Registers Bill 2019
13
Part 4--Disclosure of information
1
2
16 Disclosure framework
3
(1) The Registrar may, by legislative instrument, make a disclosure
4
framework relating to disclosing protected information.
5
(2) Without limiting subsection (1), the disclosure framework may
6
provide for any of the following:
7
(a) circumstances in which protected information must not be
8
disclosed without the consent of the person to whom it
9
relates;
10
(b) circumstances in which de-identified protected information
11
may be disclosed;
12
(c) circumstances in which protected information may be
13
disclosed to the general public;
14
(d) circumstances in which confidentiality agreements are
15
required for the disclosure of protected information;
16
(e) imposing conditions on disclosure of protected information.
17
(3) Without limiting subsection (1), the disclosure framework may
18
provide differently in relation to different functions or powers of
19
the Registrar.
20
(4) A person commits an offence if:
21
(a) the person is a party to a confidentiality agreement of a kind
22
mentioned in paragraph (2)(d); and
23
(b) the person fails to comply with the confidentiality agreement.
24
Penalty: 100 penalty units or imprisonment for 2 years, or both.
25
(5) The disclosure framework must not provide for disclosure of
26
protected information unless the Registrar is satisfied that the
27
benefits of the disclosure would outweigh the risks of the
28
disclosure (taking into account any mitigation of those risks in
29
accordance with the disclosure framework).
30
Part 4
Disclosure of information
Section 17
14
Commonwealth Registers Bill 2019
No. , 2019
(6) However, subsection (5) does not apply to the extent that the
1
disclosure framework deals with a matter in accordance with a
2
direction under section 9.
3
(7) If:
4
(a) a Commonwealth body (the
new Registrar
) is appointed as
5
the Registrar with particular functions or powers; and
6
(b) immediately before that appointment, another
7
Commonwealth body was the Registrar with those functions
8
or powers; and
9
(c) the new Registrar does not have a disclosure framework that
10
would apply to those functions or powers;
11
the disclosure framework applying to those functions or powers
12
immediately before that appointment continues to apply until the
13
new Registrar makes a disclosure framework that applies to those
14
functions or powers, or amends its existing disclosure framework
15
to apply to those functions or powers.
16
17 Protection of confidentiality of protected information
17
(1) A person (the
first person
) commits an offence if:
18
(a) the first person is, or has been, in official employment; and
19
(b) the first person makes a record of information, or discloses
20
information to another person; and
21
(c) the information was obtained by the first person in the course
22
of the first person's official employment.
23
Penalty: Imprisonment for 2 years.
24
(2) However, subsection (1) does not apply if the recording or
25
disclosure is authorised by subsection (3).
26
(3) The recording or disclosure is authorised by this subsection if:
27
(a) the recording or disclosure is for the purposes of this Act; or
28
(b) the recording or disclosure happens in the course of the
29
performance of the duties of the first person's official
30
employment; or
31
(c) in the case of a disclosure--the disclosure is to another
32
person for use, in the course of the performance of the duties
33
Disclosure of information
Part 4
Section 18
No. , 2019
Commonwealth Registers Bill 2019
15
of the other person's official employment, in relation to the
1
performance or exercise of the functions or powers of a
2
government entity; or
3
(d) in the case of a disclosure--each person to whom the
4
information relates consents to the disclosure; or
5
(e) in the case of a disclosure--the disclosure is in accordance
6
with the disclosure framework.
7
Note:
A defendant bears an evidential burden in relation to the matters in
8
subsection (3): see subsection 13.3(3) of the
Criminal Code
.
9
18 Authorisation of recording or disclosure
10
(1) A person is not liable to any proceedings for contravening a
11
secrecy provision in respect of a recording or disclosure authorised
12
by subsection 17(3), unless the secrecy provision is a designated
13
secrecy provision.
14
(2) A
secrecy provision
is a provision that:
15
(a) is a provision of a law of the Commonwealth (other than this
16
Act); and
17
(b) prohibits or regulates the use or disclosure of information.
18
(3) A
designated secrecy provision
is any of the following:
19
(a) sections 18 to 18B and 92 of the
Australian Security
20
Intelligence Organisation Act 1979
;
21
(b) section 34 of the
Inspector-General of Intelligence and
22
Security Act 1986
;
23
(c) sections 39 to 41 of the
Intelligence Services Act 2001
;
24
(d) section 8WB of the
Taxation Administration Act 1953
;
25
(e) a provision of a law of the Commonwealth prescribed by the
26
rules for the purposes of this paragraph;
27
(f) a provision of a law of the Commonwealth of a kind
28
prescribed by the rules for the purposes of this paragraph.
29
19 Preventing disclosure of particular protected information
30
(1) If:
31
Part 4
Disclosure of information
Section 20
16
Commonwealth Registers Bill 2019
No. , 2019
(a) a person applies to the Registrar for particular protected
1
information relating to the person not to be disclosed; and
2
(b) the Registrar is satisfied that it is not appropriate to disclose
3
that information;
4
a disclosure of that information is taken, for the purposes of this
5
Act, not to be in accordance with the disclosure framework.
6
(2) Without limiting section 16, the disclosure framework may provide
7
for:
8
(a) how applications referred to in paragraph (1)(a) are to be
9
made; and
10
(b) how those applications are to be decided.
11
20 Authorisation for purposes of Privacy Act
12
A disclosure of personal information (within the meaning of the
13
Privacy Act 1988
) is taken to be authorised by law for the purposes
14
of paragraph 6.2(b) of Schedule 1 to that Act if:
15
(a) the information is protected information; and
16
(b) the disclosure is authorised by subsection 17(3) of this Act.
17
21 Disclosure to a court
18
A person is not to be required:
19
(a) to produce to a court any document that:
20
(i) contains protected information; and
21
(ii) was made or given under, or for the purposes of, this
22
Act; and
23
(iii) the person obtained in the course of the person's official
24
employment; or
25
(b) to disclose to a court any protected information that the
26
person obtained in the course of the person's official
27
employment;
28
unless the production or disclosure is necessary for the purpose of
29
giving effect to a taxation law or an Australian business law.
30
Miscellaneous
Part 5
Section 22
No. , 2019
Commonwealth Registers Bill 2019
17
Part 5--Miscellaneous
1
2
22 Review of decisions
3
(1) Applications may be made to the Administrative Appeals Tribunal
4
for review of a decision of the Registrar made under this Act, or
5
under the data standards or disclosure framework.
6
(2) Subsection (1) does not apply to a decision to make, amend or
7
repeal a data standard or the disclosure framework.
8
23 Extracts of information to be admissible in evidence
9
(1) In any proceedings, a document, or a copy of a document, that
10
purports (irrespective of the form of wording used) to be an extract
11
of information held by the Registrar:
12
(a) is proof, in the absence of evidence to the contrary, of
13
information that is stated in it and that purports to be held by
14
the Registrar; and
15
(b) is admissible without any further proof of, or the production
16
of, the original;
17
if it does not appear to the Court to have been revised or tampered
18
with in a way that affects, or is likely to affect, the information.
19
(2) The Registrar may give a person a certified copy of, or extract
20
from, the information held by the Registrar on payment of the fee
21
(if any) prescribed by the rules.
22
(3) In any proceedings, the certified copy:
23
(a) is prima facie evidence of information that is stated in it and
24
that purports to be held by the Registrar; and
25
(b) is admissible without any further proof of, or the production
26
of, the original.
27
(4) This section does not limit the manner in which evidence may be
28
adduced, or the admissibility of evidence, under the
Evidence Act
29
1995
.
30
Part 5
Miscellaneous
Section 24
18
Commonwealth Registers Bill 2019
No. , 2019
24 Annual report
1
Each annual report by the Registrar for a period must include
2
information about the performance of the Registrar's functions and
3
exercise of the Registrar's powers during that period.
4
25 Rules
5
(1) The Minister may, by legislative instrument, make rules
6
prescribing matters:
7
(a) required or permitted by this Act to be prescribed by the
8
rules; or
9
(b) necessary or convenient to be prescribed for carrying out or
10
giving effect to this Act.
11
(2) To avoid doubt, the rules may not do the following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20