Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COMMONWEALTH REGISTERS BILL 2019
TREASURY LAWS AMENDMENT (REGISTRIES MODERNISATION AND
OTHER MEASURES) BILL 2019
BUSINESS NAMES REGISTRATION (FEES) AMENDMENT (REGISTRIES
MODERNISATION) BILL 2019
CORPORATIONS (FEES) AMENDMENT (REGISTRIES MODERNISATION)
BILL 2019
NATIONAL CONSUMER CREDIT PROTECTION (FEES) AMENDMENT
(REGISTRIES MODERNISATION) BILL 2019
EXPLANATORY MEMORANDUM
(Circulated by authority of the
Minister for Housing and Assistant Treasurer, the Hon Michael Sukkar MP)
Table of contents
Glossary................................................................................................. 1
General outline and financial impact ...................................................... 3
Chapter 1 Modernisation of Commonwealth registers .................. 5
Chapter 2 Director identification numbers .................................. 39
Chapter 3 Statement of Compatibility with Human Rights .......... 63
Appendix Consequential amendments ...................................... 73
Glossary
The following abbreviations and acronyms are used throughout this
Explanatory Memorandum.
Abbreviation Definition
ABN Act A New Tax System (Australian Business
Number) Act 1999
ASIC Australian Securities and Investments
Commission
Business Names Act The Business Names Registration Act 2011
and the Business Names Registration
(Transitional and Consequential Provisions)
Act 2011
CATSI Act The Corporations (Aboriginal and Torres
Strait Islander) Act 2006
Commissioner Commissioner of Taxation
Corporations Act Corporations Act 2001
Corporations Regulations Corporations Regulations 2001
Credit Act National Consumer Credit Protection Act
2009
Credit Regulations National Consumer Credit Protection
Regulations 2010
DIN Director Identification Number
Fees Acts Business Names Registration (Fees) Act
2011; Business Names Registration (Fees)
Act 2011; National Consumer Credit
Protection (Fees) Act 2009; Superannuation
Auditor Registration Imposition Act 2012
Fees Act The provisions of the Commonwealth
Registers Bill 2019 together with the
amendments in Part 1 of Schedule 1 of the
Treasury Laws Amendment (Registries
Modernisation and Other Measures)
Bill 20191
1
These amendments replicate the provisions of the Commonwealth Registers Bill in the
Corporations Act, Credit Act, and Business Names Act.
1
Commonwealth Registers Bill 2019 and associated Bills
Abbreviation Definition
registrar The Commonwealth body appointed to
administer the new registry regime under the
new Act
SMSF Self-managed superannuation fund
SIS Act Superannuation Industry (Supervision) Act
1993
2
General outline and financial impact
Modernisation of Commonwealth registers
The legislative package creates a new Act called the Commonwealth
Registers Act 2019 and makes related amendments to a suite of existing
laws to create a new Commonwealth business registry regime.
Date of effect: The Commonwealth Registers Bill 2019 commences the
day after Royal Assent. The remainder of the new registry regime
commences two years after Royal Assent or on such earlier date as may
be proclaimed by the Governor-General.
Proposal announced: The legislative package partially implements the
measure 'Delivering Australia's Digital Future - modernising business
registers' which was announced in the 2018-19 Budget.
Financial impact: Nil.
Human rights implications: This measure is compatible with human
rights. See Statement of Compatibility with Human Rights -- Chapter 3.
Compliance cost impact: Nil. The legislative package transfers functions
and powers which are largely set out in existing Commonwealth laws to
the registrar.
Director identification numbers
Schedule 2 to the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019 amends the Corporations Act and the
Corporations (Aboriginal and Torres Strait Islander) Act 2006 to
introduce a director identification number (DIN) requirement.
Date of effect: This Schedule commences two years after Royal Assent or
on such earlier date as may be proclaimed by the Governor-General.
Proposal announced: This Schedule implements a measure announced
by the former Minister for Revenue and Financial Services on
12 September 2017.
Financial impact: Nil.
Human rights implications: This Schedule is compatible with human
rights. See Statement of Compatibility with Human Rights -- Chapter 3.
Compliance cost impact: This measure will increase compliance costs by
approximately $21.5 million per year on average over ten years. However,
most of the regulatory burden will occur in the first 18 months as existing
directors fulfil their obligation under this measure to obtain a DIN.
3
Chapter 1
Modernisation of Commonwealth registers
Outline of chapter
1.1 The legislative package creates a new Act called the
Commonwealth Registers Act 2019 (the new Act) and makes related
amendments2 to a range of existing laws to create a new Commonwealth
business registry regime. It sets out:
• what information is subject to the new regime;
• who may be appointed to administer the new regime as its
registrar;
• the functions and powers of the registrar;
• how the registrar performs its functions and exercises its
powers;
• the framework for protecting and disclosing information held
by the registrar; and
• other matters that support the new regime.
Context of amendments
1.2 The Australian Government has committed to simplifying its
interactions with business to support growth, innovation and employment.
1.3 The National Business Simplification Initiative, announced in
2016, aims to reduce the time that businesses spend complying with
regulations and interacting with government so that they can focus on
growing their business, creating more jobs, and developing new products
2
These related amendments fall into two categories. Firstly, amendments to the Corporations
Act, the Credit Act and the Business Names Act replicate the new Act almost in its entirety
with no substantive differences. These replications are included for constitutional reasons
related to the terms upon which the states referred power to the Commonwealth for relevant
matters. These terms require amendments relying on the referrals to be made to the
Commonwealth Acts that were tabled in state parliaments in connection with each
respective referral. All references in this memorandum to the 'new Act' include the
replicated provisions in the Corporations Act, Credit Act and the Business Names Act
unless indicated otherwise. Secondly, amendments are made to a number of Acts as a result,
or in support, of the new regime. These amendments are referred to as 'consequential
amendments' in this memorandum.
5
Commonwealth Registers Bill 2019 and associated Bills
and market opportunities. The Initiative is a Commonwealth led
agreement between federal, state and territory governments to work
together to make it simpler to do business in Australia.
1.4 As part of the Initiative, the Government is developing a modern
approach to managing Commonwealth registers to provide more
user-friendly and streamlined registry services. The initial focus of this
modernisation process is on the registers kept by ASIC as well as the
Australian Business Register, which is kept by the Commissioner of
Taxation (the Commissioner).
Summary of new law
1.5 The new law facilitates a modern government registry regime
that is flexible, technology neutral and governance neutral. The regime
initially applies to the business registers administered by ASIC and the
Australian Business Register, which is kept by the Commissioner.
Additional government registers may be brought into the regime by future
legislative reforms.
1.6 Under the new regime the Minister will appoint an existing
Commonwealth body to be the registrar. Different registrars can be
appointed for different functions or powers of the registrar.
1.7 The functions and powers of the registrar are largely set out in
existing Commonwealth laws. In particular, most powers and functions
are set out in the Commonwealth acts that contain the registers being
brought into the new regime. These acts include the Corporations Act, the
ABN Act, the Business Names Act, the Credit Act, and the SIS Act.
1.8 The registrar performs its functions and exercises its powers in
accordance with the data standards and other Commonwealth laws. The
data standards are disallowable instruments made by the registrar. They
may deal with a variety of matters including what information may be
collected for the purposes of performing the registrar's functions, how
such information is to be given to the registrar, and how information held
by the registrar is to be stored.
1.9 The new law provides for the protection and disclosure of
information held by the registrar. It is an offence for an official to disclose
information held by the registrar unless the disclosure is authorised. A
disclosure is authorised where: it is for the purposes of the new registry
regime; it happens in the course of the performance of an official's duties;
each person to whom the information relates consents to the disclosure;
the information is disclosed to a government agency for the performance
of its functions; or, the benefits associated with the disclosure outweigh
the risks (including privacy risks) after those risks have been mitigated.
6
Modernisation of Commonwealth registers
1.10 All decisions made by the registrar under the new Act are
reviewable by the Administrative Appeals Tribunal except those made by
disallowable instrument.
Comparison of key features of new law and current law
New law Current law
Registry information is held by the There are a series of specific registers
Government body which is appointed held by ASIC and the Commissioner.
by the Minister to be the registrar. The rules applying to these registers
The information is subject to uniform are prescriptive and are not uniform,
rules that are flexible, technology technology neutral or governance
neutral and governance neutral. neutral.
Detailed explanation of new law
1.11 The legislative package creates the new Act and makes
consequential amendments to a suite of existing laws to create a new
Commonwealth business registry regime. It sets out:
• what information is subject to the new regime;
• who may be appointed to administer the new regime as its
registrar;
• the functions and powers of the registrar;
• how the registrar performs its functions and exercises its
powers;
• the framework for protecting and disclosing information held
by the registrar; and
• other matters that support the new regime.
1.12 The objective of the new regime is to facilitate a modern
government registry regime that is flexible, technology neutral and
governance neutral, and that facilitates timely and efficient access to
information (including, where appropriate, on a real time basis) by
regulators and other users of the information. The new Act includes a
simplified outline of its contents to assist readers understand the new
regime. [Clauses 3 and 4 of the Commonwealth Registers Bill 2019]
What information is subject to the new regime?
1.13 Initially, information related to 35 existing business registers
will be subject to the new registry regime. The existing business registers
comprise 34 registers currently kept by ASIC and the Australian Business
7
Commonwealth Registers Bill 2019 and associated Bills
Register, which is currently kept by the Commissioner3. Table 1.1 lists the
registers being brought into the new regime and the current legislative
provision(s) that establish the register.4
Table 1.1 - Registers being brought into the new regime
No. Current provision(s) Register
Entity name/identifier/information registers
1. Section 24 of the ABN Act Australian Business Register
2. Sections 118, 601DB and 1378 of ACN register
the Corporations Act
3. Section 22 of the Business Names Business Names Register
Act
4. Section 601CB of the Corporations Australian registrable bodies
Act register - Australian bodies
5. Section 601CE of the Corporations Australian registrable bodies
Act register - Foreign companies
6. Section 152 of the Corporations Reserved names register
Act
7. Section 601EB of the Corporations Managed investment scheme
Act register
8. Part 10.13 of the Corporations Act Company charges register*
(preserving the operation of the
repealed Chapter 2K of that Act)5
9. Section 213 of the Credit Act and Credit registers - Licensees
subregulation 29(1) of the Credit
Regulations
10. Section 213 of the Credit Act and Credit registers - Credit
subregulation 29(3) of the Credit representatives
Regulations
11. Section 213 of the Credit Act and Credit registers - Registered
subregulation 29(4) of the Credit persons
Regulations
12. Section 213 of the Credit Act and Credit register of unlicensed
Regulation 30A of the Credit carried over instrument lenders
Regulations
3
The Commissioner is currently the Registrar of the Australian Business Register. See
section 28 of the ABN Act.
4
Registers established by regulations will be made subject to the new regime by amendments
made to those regulations.
5
The transitional arrangement ends on 30 January 2019. The registrar may continue to hold
historical data after this date.
8
Modernisation of Commonwealth registers
No. Current provision(s) Register
Registers of banned or disqualified persons
13. Section 1274AA of the Register of disqualified company
Corporations Act 2001 directors and other officers
14. Section 92AA of the Corporations Register of banning orders under
Act and subregulation 7.6.06(1) of Division 8 of Part 7.6 of the
the Corporations Regulations Corporations Act
15. Section 92AA of the Corporations Register of disqualification orders
Act and subregulation 7.6.06(2) of under Division 8 of Part 7.6 of the
the Corporations Regulations Corporations Act
16. Regulation 10.2.96 of the Banned securities representatives
Corporations Regulations6 register*
17. Regulation 10.2.96 of the Banned futures representatives
Corporations Regulations7 register*
18. Section 213 of the Credit Act and Credit register of persons against
subregulation 30(1) of the Credit whom a banning order is made
Regulations
19. Section 213 of the Credit Act and Credit register of persons against
subregulation 30(2) of the Credit whom a disqualification order is
Regulations made
20. Section 213 of the Credit Act and Credit register of persons who are
subregulation 30(3) of the Credit banned under a law of a State or
Regulations Territory
21. Section 128K of the SIS Act Register of Disqualified self-
managed superannuation fund
(SMSF) auditors
Professional registers
22. Section 922A of the Corporations Register of financial services
Act and subregulation 7.6.05(1) of licensees
the Corporations Regulations
23. Section 922A of the Corporations Register of authorised
Act and subregulation 7.6.05(2) of representatives of financial
the Corporations Regulations services licensees
24. Section 922Q of the Corporations Register of financial advisers8
Act
6
Register originally kept by virtue of section 789 of the Corporations Act (repealed by Act
No. 122) of 2001 and before that by section 789 of the Corporations Law (as set out in
section 82 of the Corporations Act 1989).
7
Register originally kept by virtue of section 789 of the Corporations Act (repealed by Act
No. 122) of 2001 and before that by section 789 of the Corporations Law (as set out in
section 82 of the Corporations Act 1989).
8
Described as the 'relevant provider' register in the regulations.
9
Commonwealth Registers Bill 2019 and associated Bills
No. Current provision(s) Register
25. Section 1285 of the Corporations Register of auditors
Act
26. Section 15-1 of Schedule 2 to the Register of liquidators
Corporations Act9
27. Section 283BCA of the Register relating to trustees for
Corporations Act debenture holders
28. Section 128J of the SIS Act Register of approved SMSF
auditors
29. Section 1274 of the Corporations Carbon registrants register
Act and regulation 7.6.02AGA of
the Corporations Regulations
30. Regulation 10.2.96 of the Register of futures licensees*
Corporations Regulations10
31. Regulation 10.2.96 of the Register of licence holders*
Corporations Regulations11
32. Regulation 10.2.96 of the Register of securities
Corporations Regulations12 representatives*
33. Regulation 10.2.96 of the Register of foreign insurance
Corporations Regulations13 agents*
34. Regulation 10.2.96 of the Register of general insurance
Corporations Regulations14 brokers*
35. Regulation 10.2.96 of the Register of life insurance brokers*
Corporations Regulations15
* Historical register. The registrar holds the information contained in the register and
may exercise any functions and powers preserved by transitional arrangements.
9
Formerly kept under section 1286 of the Corporations Act. Section 1286 was repealed in
2016 by the Insolvency Law Reform Act 2016, which inserted section 15-1 of Schedule 2 to
the Corporations Act.
10
Regulation 10.2.96 preserves the operation of subsection 1155(1) of the Corporations Act as
originally enacted.
11
Regulation 10.2.96 preserves the operation of subsection 789(1) of the Corporations Act as
originally enacted.
12
Regulation 10.2.96 preserves the operation of a register kept for the purposes of maintaining
information obtained under section 791 of the Corporations Act as originally enacted.
13
Regulation 10.2.96 preserves the operation of section 31E of the Insurance (Agents and
Brokers) Act 1984 as in force immediately before the commencement of item 1 of schedule
1 to the Financial Services Reform Act 2001 (FSR commencement).
14
Regulation 10.2.96 preserves the operation of subsection 22(1) of the Insurance (Agents and
Brokers) Act 1984 as in force immediately before the FSR commencement.
15
Regulation 10.2.96 preserves the operation of subsection 22(1) of the Insurance (Agents and
Brokers) Act 1984 as in force immediately before the FSR commencement.
10
Modernisation of Commonwealth registers
1.14 Additional registers may be brought into the new regime by
future legislative reforms.
Who may be appointed registrar?
1.15 Under the new regime the Minister may, by notifiable
instrument, appoint any existing Commonwealth body to be the registrar.
Commonwealth body is a defined term. It is defined as meaning:
• an Agency (within the meaning of the Public Service Act
1999)16;
• a body, whether incorporated or not, established for a public
purpose by or under a law of the Commonwealth; and
• a person: holding or performing the duties of an office
established by or under a law of the Commonwealth; or
holding an appointment made under a law of the
Commonwealth. [Definition of 'Commonwealth body', Clause 5, and
subclause 6(1) of the Commonwealth Registers Bill 2019, items 1, 5, 8,
10, 14 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 3, paragraph
6A(a) and subsection 62A(1) of the Business Names Act, section 9,
paragraph 9C(a) and subsection 1270(1) of the Corporations Act, and
section 5, paragraph 16A(a) and subsection 212A(1) of the Credit Act]
1.16 Only a Commonwealth body can be appointed as the registrar.
Other bodies, such as a state government body or a private body, cannot
be appointed as the registrar.
1.17 Different Commonwealth bodies can be appointed registrar for
different functions of the registrar. Where this occurs, a reference to
'registrar' in the new regime is taken to be a reference to each body
appointed as registrar, as applicable. This enables a shared services
approach to be adopted where such an approach would facilitate the
efficient and effective administration of the new regime. [Subclauses 6(2) and
6(3) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
paragraph 6A(b) and subsection 62A(2) of the Business Names Act, paragraph 9C(b)
and subsection 1270(2) of the Corporations Act, and paragraph 16A(b) and
subsection 212A(2) of the Credit Act]
What are the functions and powers of the registrar?
1.18 The new law sets out the functions and powers of the registrar.
16
Section 7 of the Public Service Act 1999 defines Agency to mean: a Department, an
Executive Agency; or a Statutory Agency. Section 4A of the Taxation Administration Act
1953 provides that for the purposes of the Public Service Act, the Commissioner and the
APS employees assisting the Commissioner together constitute a Statutory Agency.
11
Commonwealth Registers Bill 2019 and associated Bills
1.19 A body's functions comprise those actions or activities that are
properly performed by the body. The new law provides that the functions
of the registrar are:
• such functions as are conferred on the registrar by a law of
the Commonwealth;
• such functions as may be prescribed by rules made by the
Minister; and
• such functions as are incidental to the functions mentioned
above.
[Clause 7 of the Commonwealth Registers Bill 2019, items 5, 10 and 18
of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 62B of the
Business Names Act, section 1270A of the Corporations Act and section
212B of the Credit Act]
1.20 A power is something a body can do. The new law ties the
powers of the registrar to its functions. In particular, it provides that the
powers of the registrar include:
• such powers as are conferred on the registrar in relation to its
functions by a law of the Commonwealth; and
• the power to do all things necessary or convenient to be done
for or in connection with the performance of those functions.
[Clause 8 of the Commonwealth Registers Bill 2019, items 5, 10 and 18
of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 62C of the
Business Names Act, section 1270B of the Corporations Act and section
212C of the Credit Act]
Most functions and powers are set out in existing laws
1.21 The functions and powers of the registrar are largely set out in
existing Commonwealth laws. In particular, most are set out in the
existing provisions of primary and subordinate legislation that relate to the
registers being brought into the new regime (see Table 1.1). These
provisions are contained in various parts of the Corporations Act, the
Corporations Regulations, the ABN Act, the Business Names Act, the
Credit Act, the Credit Regulations, and the SIS Act.17
17
Note that functions and powers conferred on the registrar by the Corporations Act, the
Credit Act and the Business Names Act must be performed and exercised by the registrar
under the replicated provisions in those Acts due to the terms upon which the states referred
power to the Commonwealth in relation to those Acts. To ensure this, the Commonwealth
Registers Bill 2019 includes provisions that ensure that the regime in that Bill cannot
operate with respect to functions or powers under the Corporations Act, the Credit Act, the
12
Modernisation of Commonwealth registers
1.22 It is not practicable to comprehensively list all of the functions
and the powers that have been transferred to the registrar through
amendments to existing legislation. They are set out in hundreds of
consequential amendments that are made to support the new regime.
However, the amended functions and powers relate to registry matters
such as:
• the subject matters for which the registrar can collect
information;
• how persons make applications to the registrar for certain
things (for example, the allocation of an Australian Business
Number);
• the ability of the registrar to assess those applications; and
• the ability of the registrar to hold information.
1.23 The consequential amendments do not create new functions and
powers. Rather, they transfer existing functions and powers, which are
currently allocated to specific regulators, to the registrar. Paragraphs 1.91
to 1.103 of this explanatory memorandum provide further information in
relation to the consequential amendments.
Core functions and powers are set out in the new Act
1.24 Functions and powers of the registrar are also set out in the new
Act which contains the core provisions of the new regime. These
functions and powers apply to all information subject to the new regime.
They are designed to enable the regime to apply in a holistic, consistent
and flexible manner regardless of the information it contains. Examples of
such functions and powers include: the registrar's ability to make data
standards relating to the performance of its functions and powers; and the
registrar's ability to make a disclosure framework relating to the
disclosure of protected information.
1.25 Several benefits derive from the functions and powers contained
in the new Act. In particular, they overcome several undesirable features
of the current registries regime. These features include:
• registers being maintained separately from each other despite
sometimes holding similar information - resulting in clients
having to provide the same information several times in
relation to different registers;
Business Names Act or any other Act that may rely on a similar referral. See clauses 5
(definition of 'excluded law'), 7 and 8 of the Commonwealth Registers Bill 2019.
13
Commonwealth Registers Bill 2019 and associated Bills
• regulators having limited abilities to determine what
information is required for each register - resulting in
registers becoming outdated;
• regulators having varying abilities to determine the manner
and form in which registry information is collected and the
business rules associated with such collections - resulting in
inefficiencies, including an inability to make full use of
technology (for example, email and the internet) and to
consistently and flexibly deal with incomplete or defective
applications; and
• different and sometimes inconsistent rules applying to the
management and use of registers - resulting in Government
failing to make best use of registry data.
Additional functions may be prescribed by the rules
1.26 The Minister may prescribe additional functions for the registrar
by rules made for this purpose. This ability is supported by a rule making
power that enables the Minister, by legislative instrument, to make rules
prescribing matters: required or permitted by the new Act to be prescribed
by the rules; or, necessary or convenient to be prescribed for carrying out
or giving effect to the new Act. [Paragraph 7(c) and subclause 25(1) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, paragraph
62B(b) and subsection 62U(1) of the Business Names Act, paragraph 1270A(b) and
subsection 1270T(1) of the Corporations Act and paragraph 212B(b) and subsection
212U(1) of the Credit Act]
1.27 This power is intended to provide flexibility for the new regime,
particularly with respect to the registrar's functions. Examples of
additional functions that could be prescribed by the Minister include
functions regarding the management of Commonwealth data or functions
around educating the public about data resources and data security. While
functions permitting the collection of additional data could be prescribed,
such collections could only proceed on a voluntary basis as there is no
provision for penalties for non-compliance.
1.28 Further information regarding the new rule making power more
generally is contained in paragraphs 1.85 to 1.90 of this memorandum.
For present purposes, it is noted that any rules made using this power
(including rules prescribing additional functions for the registrar) are
legislative instruments and are subject to parliamentary oversight through
the disallowance process set out in the Legislation Act 2003.
How does the registrar perform its functions and powers?
1.29 The registrar performs its functions and powers in accordance
with the data standards and other Commonwealth laws. [Clause 15 of the
14
Modernisation of Commonwealth registers
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, section
62K of the Business Names Act, section 1270J of the Corporations Act and section 212K
of the Credit Act]
Data standards
1.30 The new law allows the registrar to make data standards on
matters relating to the performance of the registrar's functions and the
exercise of the registrar's powers. The data standards may deal with a
variety of registry related matters that are currently dealt with by
prescriptive rules in primary legislation that are not uniform, technology
neutral or governance neutral. [Subclause 13(1) of the Commonwealth Registers
Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 62H(1) of the Business
Names Act, subsection 1270G(1) of the Corporations Act and subsection 212H(1) of the
Credit Act]
1.31 To assist readers to understand the role of the data standards, the
new Act provides examples of what the data standards may cover. These
examples clarify that the data standards may provide for matters such as
the following:
• what information may be collected for the purposes of the
performance of the registrar's functions and the exercise of
the registrar's powers;
• how such information may be collected;
• the manner and form in which such information is given to
the registrar;
• when information is to be given to the registrar;
• how information held by the registrar is to be authenticated,
verified or validated;
• how information held by the registrar is to be stored;
• the correction of information held by the registrar;
• the manner and form of communication between the registrar
and persons who give information to the registrar or seek to
access information held by the registrar; and
• integrating or linking information held by the registrar.18
[Subclause 13(2) of the Commonwealth Registers Bill 2019, items 5, 10
and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 62H(2) of the
18
The ability to integrate and link information is important to the effective and efficient
administration of the new registry regime given that the data being brought into the new
regime is currently maintained on a number of discrete registers and includes historical data.
15
Commonwealth Registers Bill 2019 and associated Bills
Business Names Act, subsection 1270G(2) of the Corporations Act and
subsection 212H(2) of the Credit Act]
1.32 These examples are an inclusive list of the matters that may be
dealt with by the data standards. Their inclusion in the new Act is not
intended to limit the matters that may properly be dealt with by the data
standards. [Subclause 13(2) of the Commonwealth Registers Bill 2019, items 5, 10 and
18 of schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62H(2) of the Business Names Act, subsection
1270G(2) of the Corporations Act and subsection 212H(2) of the Credit Act]
1.33 The new Act clarifies that the data standards may include
different provisions relating to different functions or powers of the
registrar. This ensures that the data standards do not need to adopt a 'one
size fits all' approach to the administration of registry functions and
powers. The variety of functions and powers given to the registrar means
that the registrar should be able to tailor data standards so that they are
appropriate for the different purposes for which they may be made.
[Subclause 13(3) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62H(3) of the Business Names Act, subsection
1270G(3) of the Corporations Act and subsection 212H(3) of the Credit Act]
1.34 This approach of enabling the registrar to make data standards
facilitates the efficient and effective administration of registry services.
Data standards can be readily amended over time to keep up with changes
in best practice, industry preference, the needs of those using registry
services, and technology. The flexibility offered also enables a 'tell us
once' approach to the collection of information, minimising the number of
interactions clients have with the registrar. Currently, a reporting entity
may have to provide the same information to multiple registers, increasing
regulatory burden and the cost of administering registry services.
1.35 To ensure these benefits can be realised the new law includes
provisions that ensure the data standards may request information in a
wide variety of ways that make best use of available technology. In
particular, the new law expressly clarifies that:
• the data standards may provide that information is to be
given to the registrar in electronic form, or any other
specified form; and
• a requirement under a law that information is to be provided
to the registrar in a particular form or manner (however
described), including a requirement that information is to be
"lodged" or "furnished", is not taken to restrict by
implication what the data standards may provide in relation
to that information. [Clause 14 of the Commonwealth Registers
Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws
Amendment (Registries Modernisation and Other Measures) Bill 2019,
16
Modernisation of Commonwealth registers
section 62J of the Business Names Act, section 1270H of the
Corporations Act and section 212J of the Credit Act]
1.36 The new law includes provisions designed to promote the
smooth transition of registry functions and powers from one registrar to
another.19 As already noted, under the new regime the Minister may
appoint any government body as registrar for particular functions and
powers and may change the appointed body at any time. Should the body
appointed as registrar for particular functions and powers change, the new
law provides that any existing data standards continue to apply until the
new registrar has prepared replacement standards. [Subclauses 13(4) of the
Commonwealth Registers Bill 2019, items 5, 10, 18, 359, 1315, 1414 and 1467 of
Schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62H(4) of the Business Names Act, schedule 3 of the
Business Names Registration (Transitional and Consequential Provisions) Act 2011,
subsection 1270G(4) and Part 10.34 of the Corporations Act, subsection 212H(4) of the
Credit Act and Schedule 7 of the National Consumer Credit Protection (Transitional
and Consequential Provisions) Act 2009]
1.37 Data standards are disallowable instruments for the purposes of
the Legislation Act 2003. Under that Act, legislative instruments and their
explanatory statements must be tabled in both Houses of the Parliament
within six sitting days after the date of registration of the instrument on
the Federal Register of Legislation. Once tabled, the instruments will be
subject to the same level of parliamentary scrutiny as regulations
(including consideration by the Senate Standing Committee on
Regulations and Ordinances), and notice of a motion to disallow the
instruments may be given in either House of the Parliament within
15 sitting days after the date the instruments are tabled.
1.38 In accordance with the requirements of the Legislation Act 2003,
the registrar must be satisfied that appropriate consultation has been
undertaken prior to making the data standards. This would include, for
example, the registrar consulting with regulators who use registry
information to carry out their statutory functions or powers before the
registrar makes a data standard that relates to information used by those
regulators. It would also include consultation with industry where industry
is likely to be affected by the data standard and consultation is reasonably
practicable.
Other Commonwealth laws
1.39 The registrar must also perform its functions and exercise its
powers in compliance with any other applicable law of the
Commonwealth. These laws fall into two broad categories. [Clause 15 of the
19
Such provisions include transitional provisions that provide for the completion of actions
started but not finished by ASIC at the time a registrar is first appointed. Such actions can be
completed by either ASIC or the registrar to ensure continuity of registry administration.
17
Commonwealth Registers Bill 2019 and associated Bills
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, section
62K of the Business Names Act, section 1270J of the Corporations Act and section 212K
of the Credit Act]
1.40 The first category relates to current laws governing the registers
being brought into the new regime. These laws will continue to apply in
relation to functions and powers assigned to the registrar until such time
as data standards are made in relation to them. This ensures the smooth
transition of functions and powers into the new registry regime in
circumstances where data standards in relation to those functions and
powers do not yet exist. In particular, it avoids any possibility of a
situation arising where there is an absence of law in relation to how
registry functions and powers are performed. [Subclause 15(1) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, subsection
62K(1) of the Business Names Act, subsection 1270J(1) of the Corporations Act and
subsection 212K(1) of the Credit Act]
1.41 The second category relates to other laws of the Commonwealth
that properly apply to the registrar. These include laws of general
application such as those relating to freedom of information, archiving of
Commonwealth records, good governance, and the management of
financial resources. [Subclause 15(2) of the Commonwealth Registers Bill 2019,
items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 62K(2) of the Business
Names Act, subsection 1270J(2) of the Corporations Act and subsection 212K(2) of the
Credit Act]
How is information held by the registrar protected and disclosed?
1.42 The new law provides for the protection and disclosure of
information held by the registrar, including disclosure via a disclosure
framework made by the registrar.
Protection of registry information
1.43 It is an offence for an official to record or disclose information
held by the registrar unless the recording or disclosure is authorised. In
particular, unless authorised, a person commits an offence if:
• the person is, or has been, in official employment20;
20
Official employment is defined by the new law to capture persons who may have access to
information under the new regime because they are employed by the Commonwealth or are
a delegate of the registrar. In particular, a person is in official employment for the purposes
of the new law if they: are appointed or employed by the Commonwealth; perform services
for the Commonwealth (for example, as a contractor); or exercise powers or perform
functions under a delegation by the registrar.
18
Modernisation of Commonwealth registers
• the person makes a record of information, or discloses
information to another person; and
• the information is protected information21 that was obtained
by the person in the course of their official employment.
[Clause 5, definitions of 'official employment' and 'protected
information', and subclause 17(1) of the Commonwealth Registers Bill
2019, items 1, 5, 8, 10, 14, 18 of schedule 1 of the Treasury Laws
Amendment (Registries Modernisation and Other Measures) Bill 2019,
section 3 and subsection 62M(1) of the Business Names Act, section 9
and subsection 1270L(1) of the Corporations Act, and section 5 and
subsection 212M(1) of the Credit Act]
1.44 The maximum penalty for disclosing registry information in
breach of this offence provision is imprisonment for two years. The
penalty is consistent with comparable provisions in other Acts, including
the ASIC Act22, the ABN Act23 and the Taxation Administration Act
195324. The principles set out in the Guide to Framing Commonwealth
Offences, Infringement Notices and Enforcement Powers25 were also
considered in determining the applicable penalty. [Subclause 17(1) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
subsections 62M(1) and 62M(2) of the Business Names Act, subsections 1270L(2)and
1270L(3)of the Corporations Act and subsection 212M(1) and 212M(2) of the Credit
Act]
Disclosure of registry information
1.45 As mentioned above, the prohibition against recording and
disclosing registry information does not apply where the recording or
disclosure is authorised. A recording or disclosure is authorised if:
• the recording or disclosure is for the purposes of the new Act
or happens in the course of the performance of the duties of a
person's official employment;
• the disclosure is to another person for use, in the course of
the performance of the duties of the other person's official
21
Protected information is defined in the new law so as to capture information disclosed or
obtained by a person in the course of their duties in relation to the new registry regime. In
particular, the new law defines protected information to mean information: obtained by a
person in the course of the person's official employment; and is disclosed to, or obtained by,
any person under, or in relation to, the new registry regime (which includes the new Act or
another Commonwealth law in connection with particular functions or powers of the
registrar).
22
See section 127 of the ASIC Act.
23
See section 30 of the ABN Act.
24
See section 355-25 of Schedule 1 to the Taxation Administration Act 1953.
25
Attorney-General's Department, September 2011 edition.
19
Commonwealth Registers Bill 2019 and associated Bills
employment, in relation to the performance of the functions
of a government entity26;
• each person to whom the information relates consents to the
disclosure; or
• the disclosure is in accordance with the disclosure
framework.
[Clause 5, definition of 'government entity', and subclauses 17(2) and
17(3) of the Commonwealth Registers Bill 2019, items 1, 5, 8, 10, 14, 18
of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 3 and subsections
62M(2) and 62M(3) of the Business Names Act, section 9 and
subsections 1270L(2)and 1270L(3) of the Corporations Act, and section 5
and subsections 212M(2) and 212M(3) of the Credit Act]
1.46 A defendant carries an evidential burden for establishing that a
recording or disclosure of registry information was authorised. To satisfy
this evidential burden the defendant must adduce or point to evidence that
suggests a reasonable possibility that the recording or disclosure was
authorised.27 Once this is done, the prosecution bears the burden of proof.
[Subclause 17(3) of the Commonwealth Registers Bill 2019]
1.47 The new law expressly authorises disclosure to a government
entity in relation to the performance or exercise of its functions or powers.
The intent of this authorisation is to, for example, ensure ASIC has real-
time access to all the registry information it requires in order to exercise
its regulatory functions or powers. [Subclauses 17(2) and 17(3) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, subsection
62M(2) of the Business Names Act, subsection 1270L(2) of the Corporations Act and
subsection 212M(2) of the Credit Act]
1.48 The new law clarifies how its protection and disclosure regime
relates to other secrecy provisions in Commonwealth law. The effect of
26
Government entity is defined in the new law as having the meaning given by section 41 of
the ABN Act. That section defines government entity as including: a department of state of
the Commonwealth, a state or a territory; a department of the Parliament established under
the Parliamentary Services Act 1999; an Executive Agency, or Statutory Agency, within the
meaning of the Public Service Act 1999; and certain organisations established by the
Commonwealth, a state or a territory to carry on an enterprise or established for a public
purpose by an Australian law. Explicit authorisations to disclose registry information in
accordance with intergovernmental agreements to state or territory officials for the
performance of their official duties are contained in the replicated provisions of the new Act.
These explicit authorisations exists for the purposes of compliance with intergovernmental
agreements between the states/territories and the Commonwealth which require the states
and territories to be given access to registry information collected under the Corporations
Act, the Business Names Act and the Credit Act.
27
See subsection 13.3(3) of the Criminal Code.
20
Modernisation of Commonwealth registers
the new law is that other Commonwealth secrecy provisions28 do not
apply in addition to the new law's protection and disclosure regime unless
expressly designated. The following secrecy provisions have been
designated for this purpose:
• sections 18 to 18B and 92 of the Australian Security
Intelligence Organisation Act 1979;
• section 34 of the Inspector-General of Intelligence and
Security Act 1986;
• sections 39 to 41 of the Intelligence Services Act 2001;
• a provision of a law of the Commonwealth prescribed by the
rules;
• a provision of a law of the Commonwealth of a kind
prescribed by the rules; and,
• section 8WB of the Taxation Administration Act 1953 (which
contains special rules relating to the disclosure of tax file
numbers)29.
[Clause 18 of the Commonwealth Registers Bill 2019, items 5, 10 and 18
of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 62N of the
Business Names Act, section 1270M of the Corporations Act and section
212N of the Credit Act]
1.49 The intent of the new law in this regard is to avoid unnecessary
overlap in the operation of secrecy provisions in relation to registry
information. It is not optimal for multiple secrecy provisions to
unnecessarily apply to the same piece of information. For example, the
Productivity Commission identified over 500 different secrecy provisions
and found that they often interacted in a way that leads to undesirable
complexity, resulting in unnecessary barriers to data access that stifles
socially beneficial activities.30
1.50 Similarly, the new regime's disclosure framework is expressly
authorised for the purposes of paragraph 6.2(b) of the Privacy Act 1988.
Paragraph 6.2(b) of the Privacy Act 1988 allows disclosure of personal
28
The new law defines secrecy provision for this purpose as a provision of a law of the
Commonwealth (other than under the new regime) that prohibits or regulates the use or
disclosure of information.
29
The registrar may request and record tax file numbers only for the purposes of the director
identification number regime (see Chapter 2 of this memorandum). The effect of designating
section 8WB is that the registrar is unable to disclose tax file information it holds unless
otherwise authorised by law.
30
See the Productivity Commission report on Data Availability and Use, May 2017, at pp 33,
131 to 133 and 331.
21
Commonwealth Registers Bill 2019 and associated Bills
information where it is authorised by an Australian law. As the new
disclosure framework is such an Australian law, this provision simply
clarifies the operation of the current law. [Clause 20 of the Commonwealth
Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, section 62Q of the Business
Names Act, section 1270P of the Corporations Act and section 212Q of the Credit Act]
1.51 The new regime exempts a person from being required to
provide registry information to a court except where the disclosure is
necessary for giving effect to a taxation law or an Australian business law.
What constitutes a taxation law is defined in section 995-1 of the Income
Tax Assessment Act 1997 to include: a provision of an Act for which the
Commissioner has general administration; legislative instruments made
under such a provision; or the Tax Agent Services Act 2009 or regulations
made under that Act. The new law defines Australian business law to
mean a law of the Commonwealth, or of a State or Territory, that is a law
that regulates, or relates to the regulation of, business or persons engaged
in business. This definition is based on the definition of 'business law' in
section 3 of the Mutual Assistance in Business Regulation Act 1992.31
[Clause 21 of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1
of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill
2019, section 62R of the Business Names Act, section 1270Q of the Corporations Act
and section 212R of the Credit Act]
1.52 The new law in this respect is based on existing subsection 30(5)
of the ABN Act, which is being repealed by the new law. That subsection
currently exempts a person from having to provide protected documents
or information (as defined in the ABN Act) to a court except where the
proceedings relate to a taxation law. The provision guards against registry
information being required to be produced for purposes unrelated to its
collection.
The disclosure framework
1.53 The new law provides that the registrar may make the disclosure
framework referred to in the final dot point of paragraph 1.45. Under the
disclosure framework the registrar may authorise the disclosure of registry
information where it is satisfied that the benefits of disclosure outweigh
the risks, after those risks have been mitigated. [Subclauses 16(1) and 16(5) of
the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
subsections 62L(1) and 62L(5) of the Business Names Act, subsections 1270K(1) and
1270K(5) of the Corporations Act and subsections 212L(1) and 212L(5) of the Credit
Act]
31
However, note that the definition in the new regime is confined to only Australian business
laws.
22
Modernisation of Commonwealth registers
1.54 The disclosure framework may provide for any matter related to
the disclosure of registry information. For example, the disclosure
framework may provide for matters such as:
• the circumstances in which information must not be disclosed
without the consent of the person to whom it relates;
• the circumstances in which de-identified information may be
disclosed;
• the circumstances in which information may be disclosed to
the general public;
• the circumstances in which confidentiality agreements are
required for the disclosure of information; and
• the imposition of conditions on disclosure of information.
[Subclause 16(2) of the Commonwealth Registers Bill 2019, items 5, 10
and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 62L(2) of the
Business Names Act, subsection 1270K(2) of the Corporations Act and
subsection 212L(2) of the Credit Act]
1.55 In addition, the new law clarifies that the disclosure framework
may include different provisions relating to different functions or powers
of the registrar. This ensures that the disclosure framework can be tailored
to particular functions and powers of the registrar. [Subclause 16(3) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, subsection
62L(3) of the Business Names Act, subsection 1270K(3) of the Corporations Act and
subsection 212L(3) of the Credit Act]
1.56 To support the effectiveness of the disclosure framework in
relation to circumstances in which confidentiality agreements are required
for the disclosure of registry information, penalties can apply to a person
who contravenes such an agreement. In particular, a person commits an
offence if they are party to a confidentiality agreement required by the
disclosure framework and fail to comply with the agreement. The
maximum penalty for the offence is 100 penalty units or imprisonment for
two years, or both. The penalty is consistent with comparable provisions
in other Acts, including the ASIC Act.32 The principles set out in the
Guide to Framing Commonwealth Offences, Infringement Notices and
Enforcement Powers33 were also considered in framing the offence and
determining the applicable penalty. [Subclause 16(4) of the Commonwealth
Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, subsection 62L(4) of the
Business Names Act, subsection 1270K(4) of the Corporations Act and subsection
212L(4) of the Credit Act]
32
See subsections 127(4D) and 127(4E) of the ASIC Act.
33
Attorney-General's Department, September 2011 edition.
23
Commonwealth Registers Bill 2019 and associated Bills
1.57 The above approach to disclosure aligns with the Productivity
Commission's 2017 recommendation to take a more principled approach
to the release of Government data. In particular, the Commission
recommended that Government data be able to be released publically
where the benefits of the release outweigh the risks involved (including
privacy risks) after those risks have been mitigated to the extent
practicable.34 The intention of this recommendation was to capture the
benefits of 'big data' while managing all risks of disclosure, not just those
relating to personal information.
1.58 It is envisaged that the ability to make a disclosure framework
will provide the registrar with flexibility regarding the release of registry
information. For example, the framework could allow a trusted user (for
instance a university whose IT systems, processes and staff have been
vetted) to access information that may not be appropriate for wider
dissemination where a social benefit exists and appropriate undertakings
are made.
1.59 As is the case with respect to data standards, the new law
includes provisions designed to promote the smooth transition of registry
functions and powers from one registrar to another. Should the body
appointed as registrar for particular functions and powers change, the new
law provides that any existing disclosure framework continues to apply
until the new registrar has prepared a replacement framework. [Subclause
16(7) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
subsection 62L(7) of the Business Names Act, subsection 1270K(7) of the Corporations
Act and subsection 212L(7) of the Credit Act]
1.60 The disclosure framework is a disallowable instrument for the
purposes of the Legislation Act 2003. Under that Act, legislative
instruments and their explanatory statements must be tabled in both
Houses of the Parliament within six sitting days after the date of
registration of the instrument on the Federal Register of Legislation. Once
tabled, the instruments will be subject to the same level of parliamentary
scrutiny as regulations (including consideration by the Senate Standing
Committee on Regulations and Ordinances), and notice of a motion to
disallow the instruments may be given in either House of the Parliament
within 15 sitting days after the date the instruments are tabled. In addition
to parliamentary oversight, the disclosure framework is subject to a
privacy impact assessment under the Privacy Act 1988 and the
consultation requirements contained in the Legislation Act 2003.
[Subclause 16(1) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
34
Productivity Commission Inquiry Report No. 82, Data Availability and Use, May 2017. See,
for example, recommendation 6.1 and pp. 100 and 125 of the report.
24
Modernisation of Commonwealth registers
Measures) Bill 2019, subsection 62L(1) of the Business Names Act, subsection 1270K(1)
of the Corporations Act and subsection 212L(1) of the Credit Act]
1.61 The consultation requirements contained in the Legislation
Act 2003 require the registrar to be satisfied that appropriate consultation
has been undertaken on the disclosure framework, prior to making the
disclosure framework. This would include the registrar consulting with
regulators who use registry information in support of their functions and
powers, where such regulators are likely to be affected by the proposed
framework or have expertise relevant to the disclosure of information held
by the registrar. It would also include consultation with industry where
industry is likely to be affected by the disclosure framework and
consultation is reasonably practicable.
1.62 The new law also allows a person to apply to the registrar to
prevent an inappropriate disclosure of registry information that relates to
them. The data standards may provide for how such applications are to be
made and decided. However, where the registrar is satisfied that the
disclosure is not appropriate, the disclosure is taken to not be in
accordance with the disclosure framework.35 [Clause 19 of the Commonwealth
Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, section 62P of the Business
Names Act, section 1270N of the Corporations Act and section 212P of the Credit Act]
What other matters does the new law provide for?
1.63 The new law also provides for other matters designed to support
the effectiveness and efficiency of the registry regime. In this respect, the
new regime provides for:
• when the Minister can direct the registrar;
• the circumstances in which, and to whom, the registrar may
delegate its functions and powers;
• the use of assisted decision making processes by the
registrar;
• review rights with respect to decisions made by the registrar;
• the extent to which the registrar and associated persons may
be liable for damages in connection with the new regime;
• the admissibility of registry information in court proceedings;
35
Note that the relevant information may still be recorded or disclosed: for the purposes of the
new law (for example, storing the information in a register); or, in the course of the
performance of the duties of a person's official employment in relation to the registrar or
any other government entity (for example, this may occur to assist an entity enforce a law of
the Commonwealth).
25
Commonwealth Registers Bill 2019 and associated Bills
• the information that must be included in the registrar's
annual report about the operation of the new regime; and
• what rules may be made by the Minister for the purposes of
the new regime.
Directions by the Minister
1.64 The new law enables the Minister to give binding directions of a
general nature to the registrar about the performance of its functions and
powers. Similar directions powers exist in current laws of the
Commonwealth.36 [Subclauses 9(1), 9(3) and 9(5) of the Commonwealth Registers
Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsections 62D(1), 62D(3) and 62D(5)
of the Business Names Act, subsection 1270C(1), 1270C(3) and 1270C(5) of the
Corporations Act and subsections 212D(1), 212D(3) and 212D(5) of the Credit Act]
1.65 This direction power promotes the effective and efficient
operation of the new regime. In particular, the power ensures a
coordinated approach to the performance of the registrar's functions and
powers given that those functions and powers may be dispersed across
several government bodies. For instance, where functions and powers are
dispersed the Minister could direct that all registry information be stored
on a central IT platform rather than on individual databases maintained by
appointed bodies. The power could also be used, for example, to:
• make directions that promote business continuity and
minimise disruption where there is a change in the body to
which particular registry functions and powers are assigned;
• direct the registrar to comply with particular standards, for
example this could include any current or future whole of
government standards relating to data management;
• direct that forms are to include warnings or notices about
certain things, for examples penalties for making false
statements; or
• direct as to consultation processes that are to be followed
prior to making data standards or the disclosure framework
(any such requirements would be in addition to those
required by the Legislation Act 2003). [Subclauses 9(1), 9(2), 9(3)
and 9(5) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, subsections 62D(1), 62D(2), 62D(3) and
62D(5) of the Business Names Act, subsection 1270C(1), 1270C(2),
1270C(3) and 1253(5) of the Corporations Act and subsections 212D(1),
212D(2), 212D(3) and 212D(5) of the Credit Act]
36
See, for example, section 29 of the Competition and Consumer Act 2010 and section 12 of
the Australian Securities and Investments Commission Act 2001.
26
Modernisation of Commonwealth registers
1.66 The new law also enables the Minister to direct the registrar as
to particular matters to be dealt with in the data standards or disclosure
framework. For example, the Minister could direct that the disclosure
framework provide for the provision of specified information to a
particular government body that requires the information. Where the
Minister makes such a direction, the registrar must include the matter in
its disclosure framework whether or not they are satisfied of the matters
set out in paragraph 1.53 of this memorandum. However, the Minister
cannot direct the registrar as to how they are to apply the data standards or
disclosure framework in a particular case. [Subclauses 9(2), 9(4), 9(5) and 16(6)
of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
subsections 62D(2), 62D(4), 62D(5) and 62L(6) of the Business Names Act, subsection
1270C(2), 1270C(4), 1270C(5) and 1270K(6) of the Corporations Act and subsections
212D(2), 212D(4), 212D(5) and 212L(6) of the Credit Act]
1.67 All directions by the Minister must be in writing and are
legislative instruments for the purposes of the Legislation Act 2003. As
noted in the Bill, the Legislation (Exemptions and Other Matters)
Regulations 2015 provide that section 42 (disallowance) and Part 4 of
Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to an
instrument that is a direction by a Minister to any person or body.37
[Subclause 9(1) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62D(1) of the Business Names Act, subsection 1270C(1)
of the Corporations Act and subsections 212D(1) of the Credit Act]
Delegation by the registrar
1.68 The new registers regime includes a delegation power that can
be used by the registrar to assist them in the performance of their
functions and powers.38 The power provides that the registrar may
delegate all or any of its functions or power (other than the power to make
data standards or the disclosure framework) to any person to whom it may
delegate any of its other functions, as a Commonwealth body, under
Commonwealth law. [Paragraph 10(1)(a) of the Commonwealth Registers Bill 2019,
items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, paragraph 62E(1)(a) and
subsection 62E(2) of the Business Names Act, paragraph 1270D(1)(a) and
subsection 1270D(2) of the Corporations Act, and paragraph 212E(1)(a) and
subsection 212E(2) of the Credit Act]
1.69 The new law therefore effectively adopts the existing delegation
regime (if any) applicable to the body appointed as registrar. This should
in practice allow any existing delegations, with respect to functions and
powers being transferred to the registrar, to remain in place should the
37
See sections 9 and 11 of the Legislation (Exemptions and Other Matters) Regulations 2015.
38
In performing a delegated function or exercising a delegated power, the delegate must
comply with any written direction of the registrar.
27
Commonwealth Registers Bill 2019 and associated Bills
registrar so desire. As already noted, these functions and powers may
generally be described as registry in nature (as opposed to being
regulatory in nature).
1.70 The new law also permits the registrar to delegate its functions
and powers to any person of a kind specified in the rules. This allows the
rules to rectify a situation where the above mentioned delegation
arrangements are not sufficient to facilitate the effective and efficient
administration of the new regime. Any such rules are legislative
instruments and are therefore subject to requirements of the Legislation
Act 2003, including parliamentary oversight through the disallowance
process and appropriate consultation.39 [Paragraph 10(1)(b) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, paragraph
62E(1)(b) of the Business Names Act, paragraph 1270D(1)(b) of the Corporations Act
and paragraph 212E(1)(b) of the Credit Act]
Assisted decision making
1.71 The new law allows the registrar to use processes to assist it to
make decisions. In particular, the new law permits the registrar to arrange
for the use, under the registrar's control, of a process to assist decision
making for any purpose for which the registrar may make a decision,
other than decisions reviewing other decisions. The new law enables the
registrar to use a wide variety of processes and technologies for this
purpose (including computer applications and systems) and a decision
made using such a process is taken to be a decision of the registrar.
[Subclause 11(1) and 11(2) of the Commonwealth Registers Bill 2019, items 5, 10 and
18 of schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsections 62E(1) and 62E(3) of the Business Names Act,
subsections 1270E(1) and 1270E(3) of the Corporations Act and subsections 212E(1)
and 212E(3) of the Credit Act]
1.72 The administration of functions and powers being transferred to
the registrar requires it to make a large number of decisions. The use of
assisted decision making processes, including computer automated and
computer-assisted decision making, will improve the timeliness and
accuracy of decision making and enable the registrar to deliver a high
standard of service in an effective and efficient manner. The new law
provides a sound legislative basis to ensure these benefits can be realised.
1.73 The new law includes provisions to promote the appropriate use
of assisted decision making processes. For example:
• the use of such processes must be arranged by the registrar
and used under its control;
39
As already noted, the use of rules as opposed to regulations reflects current drafting practice.
28
Modernisation of Commonwealth registers
• any decision made by such processes must comply with all of
the requirements of the legislative provisions under which the
decision was made. This means, for instance, that any review
mechanism applicable to the decision remains in place; and
• the registrar may change a decision made by an assisted
decision making process if it is satisfied that the decision is
wrong. In this circumstance, a person would not need to
request a review of the incorrect decision because the
registrar is able to change the decision on its own motion.
[Subclauses 11(1) and 11(3) of the Commonwealth Registers Bill 2019,
items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, subsections
62F(1) and 62F(3) of the Business Names Act, subsections 1270E(1) and
1270E(3) of the Corporations Act and subsections 212F(1) and 212F(3)
of the Credit Act]
Review rights
1.74 All decisions made by the registrar under the new regime are
subject to merits review by the Administrative Appeals Tribunal, except
decisions made by legislative instrument. This includes decisions made by
the registrar under the data standards or disclosure framework. Decisions
made by legislative instrument are subject to the processes applicable to
such instruments, including parliamentary oversight via the disallowance
process, rather than merits review.40 [Clause 22 of the Commonwealth Registers
Bill 2019, items 4, 12 and 17 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 56(2) of the Business Names
Act, subsection 1317B(1) of the Corporations Act and subsection 327(1) of the Credit
Act]
Statutory immunity
1.75 The new law provides statutory immunity for acts done in good
faith in connection with the new registry regime. The provision operates
with respect to persons who may be involved in the performance of
functions and powers under the new regime. These include: the Minister;
the registrar, including its staff and members; a delegate of the registrar,
including its staff; and, employees and officers of Commonwealth bodies.
Such persons are immune from an action or other proceeding for damages
for or in relation to an act done, or omitted to be done, in good faith in
performance of any function, or in the exercise or purported exercise of
any power, under the new law. [Clause 12 of the Commonwealth Registers Bill
2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, section 62G of the Business Names Act,
section 1270F of the Corporations Act and section 212G of the Credit Act]
40
See the Legislation Act 2003.
29
Commonwealth Registers Bill 2019 and associated Bills
1.76 This immunity is necessary to ensure that persons involved in
the performance of functions or powers of the registrar can carry out their
duties in good faith without the risk of incurring personal liability. In the
absence of this immunity such persons may be concerned that their duties,
which may involve a large number of decisions (such as whether to
register a company) and the maintenance of large amounts of data related
to corporations and businesses, may expose them to undue personal
liability.
1.77 This statutory immunity would not be absolute. It would only
apply in relation to acts or omissions carried out in good faith in
connection with the new regime. In addition, the new provision does not
affect the ability of the registrar or an associated person to incur
contractual liability. For example, the provision does not extend to
contractual arrangements entered into by the registrar or an associated
person.
1.78 Similar provisions currently exist in related laws. For example,
subsection 246(1) of the ASIC Act provides for statutory immunity for
particular persons, including ASIC, ASIC members, ASIC staff and
delegates. In particular, it provides that relevant people are not liable to an
action or other proceeding for damages for or in relation to an act done or
omitted in good faith in performance or purported performance of any
function, or in exercise or purported exercise of any power, conferred or
expressed to be conferred by or under the corporations legislation, or a
prescribed law of the Commonwealth, a State or a Territory. ASIC and its
members and staff are also provided with statutory immunity under
section 78 of the Business Names Act on similar terms.
Admissibility of registry information
1.79 The new law inserts a provision dealing with the use in court
proceedings of information held by the registrar. The purpose of the
provision is to enable a document, or a copy of a document, that purports
to be an extract of information held by the registrar, to be admissible as
prima facie evidence of the information stated in it (without the need for
certification or any further proof of, or the production of, the original).
That is, the document, or copy of the document, is proof, in the absence of
evidence to the contrary, of any information stated in it that purports to be
held by the registrar. However, the document is not so admissible if it
appears to the court to have been revised or tampered with in a way that
affects, or is likely to affect, the information. [Subclause 23(1) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, subsection
62S(1) of the Business Names Act, subsection 1270R(1) of the Corporations Act and
subsection 212S(1) of the Credit Act]
1.80 This provision assists the administration of justice and reduces
the administrative burden on the registrar. The provision means that any
30
Modernisation of Commonwealth registers
information held by the registrar can be taken as correct unless proven
otherwise and can be relied upon as such in any court proceedings. It also
minimises the circumstances in which the registrar must formally certify
documents in support of proceedings.
1.81 Notwithstanding the above, the new law enables the registrar to
give a person a certified copy of, or extract from, the information held by
the registrar. Such a certified copy is also admissible as prima facie proof
of the information that is stated in it and that purports to be held by the
registrar. However, where both a certified copy and uncertified copy of
information are inconsistent with each other, the certified copy prevails.
[Subclauses 23(2) and 23(3) of the Commonwealth Registers Bill 2019, items 5, 10 and
18 of schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsections 62S(2) and 62S(3) of the Business Names Act,
subsections 1270R(1) and 1270R(3) of the Corporations Act and subsections 212S(1)
and 212S(3) of the Credit Act]
1.82 The new law enables the rules to prescribe a fee for obtaining
certified information from the registrar. Where a fee is prescribed it must
be paid before the registrar can provide the certified information.
[Subclause 23(2) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62S(2) of the Business Names Act, subsection 1270R(2)
of the Corporations Act and subsection 212S(2) of the Credit Act]
1.83 These new rules regarding the admissibility of registry
information are not intended to otherwise affect the rules of evidence. In
particular, the new rules do not limit the manner in which evidence may
be adduced, or the admissibility of evidence, under the Evidence Act 1995.
[Subclause 23(4) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62S(4) of the Business Names Act, subsection 1270R(4)
of the Corporations Act and subsection 212S(4) of the Credit Act]
Information to be included in the registrar's annual report
1.84 The new law provides that each annual report prepared by the
registrar must include information about the performance of the registrar's
functions and exercise of the registrar's power during that period. The
new law does not itself require any government body appointed registrar
to prepare an annual report. Any such requirement is specified by existing
laws where appropriate. The new law simply requires that the annual
report include information about the body's role as registrar. [Clause 24 of
the Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, section
62T of the Business Names Act, section 1270S of the Corporations Act and section 212T
of the Credit Act]
Rules made by the Minister
1.85 The new law provides the Minister with a rule making power. In
particular, the Minister may, by legislative instrument, make rules
31
Commonwealth Registers Bill 2019 and associated Bills
prescribing matters: required or permitted by the new regime to be
prescribed by the rules; or, necessary or convenient to be prescribed for
carrying out or giving effect to the new Act. [Subclause 25(1) of the
Commonwealth Registers Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019, subsection
62U(1) of the Business Names Act, subsection 1270T(1) of the Corporations Act and
subsection 212U(1) of the Credit Act]
1.86 Dealing with these matters in instruments rather than regulations
accords with the Office of Parliamentary Counsel's (OPC) Drafting
Direction No. 3.8 - Subordinate legislation. That Drafting Direction states
that 'OPC's starting point is that subordinate instruments should be made
in the form of legislative instruments (as distinct from regulations) unless
there is good reason not to do so'.
1.87 Consistent with the Drafting Direction, the approach of dealing
with these matters in instruments (rather than regulations) has a number of
advantages including:
• it facilitates the use of a single type of legislative instrument
(or a reduced number of types of instruments) being needed
for the Act;
• it enables the number and content of the legislative
instruments under the Act to be rationalised;
• it simplifies the language and structure of the provisions in
the Act that provide the authority for the legislative
instruments; and
• it shortens the Act.
1.88 Due to these advantages, the Drafting Direction states that
drafters should adopt this approach where appropriate with new Acts.
1.89 The Drafting Direction states that matters such as compliance
and enforcement, the imposition of taxes, setting amounts to be
appropriated, and amendments to the text of an Act, should be included in
regulations unless there is a strong justification otherwise. The new Act
does not enable instruments to provide for any of these matters. This is
clarified by a provision that specifically prevents instruments from
covering these types of matters. [Subclause 25(2) of the Commonwealth Registers
Bill 2019, items 5, 10 and 18 of schedule 1 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, subsection 62U(2) of the Business
Names Act, subsection 1270T(2) of the Corporations Act and subsection 212U(2) of the
Credit Act]
1.90 The new law also clarifies that a rule made under this power is a
legislative instrument for the purposes of the Legislation Act 2003. Under
that Act, legislative instruments and their explanatory statements must be
tabled in both Houses of the Parliament within 6 sitting days after the
registration of the instrument on the Federal Register of Legislation. Once
32
Modernisation of Commonwealth registers
tabled, the instruments will be subject to the same level of parliamentary
scrutiny as regulations (including consideration by the Senate Standing
Committee on Regulations and Ordinances), and notice of a motion to
disallow the instruments may be given in either House of the Parliament
within 15 sitting days after the date the instruments are tabled.
[Subclause 25(1) of the Commonwealth Registers Bill 2019, items 5, 10 and 18 of
schedule 1 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, subsection 62U(1) of the Business Names Act, subsection 1270T(1)
of the Corporations Act and subsection 212U(1) of the Credit Act]
Consequential amendments
1.91 The 35 business registers are brought into the modernised
regime through consequential amendments to the legislation under which
those registers are administered.41 These consequential amendments:
• make the registrar responsible for administering the functions
and powers that make up the registers;
• replace prescription of various matters with the requirements
of the data standards and disclosure framework;
• remove other aspects of the registers that are displaced by the
new regime; and
• allow the registrar to collect fees relating to the registers.
1.92 Each of these categories of consequential amendments is
explained below.
1.93 It should be noted at the outset that only 'registry' aspects of the
current law are brought into the new registry regime and therefore
affected by the present amendments. 'Regulatory' functions and powers
are not affected by the new law and continue to be administered by the
body that currently administers those functions and powers. This means
that for regulatory functions and powers there is no change to the way in
which the present law operates, including how the relevant regulator
interacts with the entities it regulates or how information flows between
them.
1.94 Whether a provision of the relevant law is 'registry' or
'regulatory' depends on its nature. Relevant factors include the purpose of
the provision and the extent to which it involves the exercise of discretion
or regulatory powers (such as monitoring, investigation, and enforcement
powers). While all relevant factors need to be considered and balanced,
generally the greater the extent of discretion and regulatory powers
41
These consequential amendments are contained in Part 2 of Schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019.
33
Commonwealth Registers Bill 2019 and associated Bills
involved the more likely a provision is regulatory. In practice registry
provisions tend to relate to the establishment, maintenance and use of
registers while regulatory provisions tend to relate to things such as
monitoring and enforcing the law and licencing and registering market
operators and financial service providers.42
The registrar is now responsible for administering registry provisions
1.95 The consequential amendments change the registry provisions of
34 of the business registers transferred into the new regime so that they
are administered by the registrar rather than by ASIC. To achieve this, the
new law replaces relevant references to ASIC in the current law with
references to the registrar. These changes make the registrar responsible
for administering registry functions and powers instead of ASIC in the
amended legislation that is currently administered by ASIC. Equivalent
amendments are not required to transfer functions and powers from the
Commissioner to the registrar under the ABN Act. That Act already
allocates relevant functions and powers to a registrar, which is separately
defined to be the Commissioner.
1.96 Key registry functions and powers that are being transferred to
the registrar under this category of consequential amendments include:
• receiving registry information (including information
contained in applications for registration) from registrants;
• recording that information (and telling the registrant when
that record has been made);
• receiving updates of registry information from registrants,
including through the initiation of processes, such as annual
reviews, to update registry information; and
• making decisions about registry information, including the
removing of records, and associated internal review of those
decisions.
[See Appendix table A1]
42
For example, ASIC retains the power to commence criminal proceedings for all offences
under the Corporations Act (see section 1315 of that Act). There are also some key areas of
regulatory functions and powers, which operate in tandem with registry provisions, that will
remain with ASIC. These include: deciding whether an entity should be registered for the
purposes of some professional registers and for the Managed Investment Scheme register;
determining what information must be provided by administrators of insolvent companies;
and using discretion to decide when entities should be deregistered on the basis of non-
compliance with regulatory provisions.
34
Modernisation of Commonwealth registers
Removal of prescriptive requirements from registry provisions
1.97 The consequential amendments repeal prescriptive requirements
in registry provisions that relate to matters that are dealt with by the data
standards under the new regime. For example, the laws under which the
35 business registers are currently administered typically prescribe matters
such as: what information has to be provided by registrants to ASIC and
the Australian Business Registrar (the Commissioner of Taxation); and,
the manner and form in which such information has to be provided.
1.98 The consequential amendments remove such prescriptive
requirements from registry provisions and replace them with an obligation
to meet the requirements of the data standards. As discussed in paragraphs
1.30 to 1.38 of this memorandum, this allows the data standards to
flexibly provide for matters such as what information the registrar needs
in relation to its functions and powers and how that information is to be
provided. [See Appendix table A2]
Displaced registry provisions are repealed and registry function is
harmonised
1.99 This category of consequential amendments repeals registry
provisions in the current law that are made redundant by, or are
inconsistent or duplicative of, provisions in the new law. These
amendments ensure that where the new law deals with a matter it applies
exclusively and uniformly to all functions and powers transferred to the
registrar. Under the current law there are different rules applying to
different registry functions and powers and in some instances there are
multiple overlapping laws relating to the same matter.
1.100 The matters the new law is intended to cover exclusively, and
apply uniformly across registry functions and powers, include:
• the use of assisted decision making processes by the
registrar;
• the extent to which the registrar and associated persons may
be liable for damages in connection with the new regime;
• the admissibility of registry information in court proceedings;
• how registry information is to be collected and maintained;43
and
• the protection and disclosure of registry information.
43
In particular, the new law abolishes any subject matter specific registers in affected laws and
replaces them with a regime in which all information related to those functions and powers
is held by the registrar.
35
Commonwealth Registers Bill 2019 and associated Bills
[See appendix table A3]
The registrar collects fees relating to registry functions and powers
1.101 This category of consequential amendments makes the registrar
the entity responsible for collecting fees relating to its functions and
powers under the new law. Currently, the Fees Acts provide for the
recovery of fees by ASIC for various activities related to administering
the present regime of business registers. Under the new law, the registrar
collects any fee related to the performance of a registry function or the
exercise of a registry power.
1.102 As noted above, the Fees Acts currently permit fees to be
charged in connection with certain registry services. Regulations made
under these Acts prescribe the particular fees for chargeable matters.
Common fees include:
• fees for applying for the registration of an entity;
• fees for applying to deregister an entity;
• annual review fees;
• business name registration and renewal fees; and
• late fees.
1.103 These consequential amendments do not affect how the fee
regime operates or the amount payable for particular fees. The
amendments affect the government body that collects the fees payable in
connection with those functions and powers allocated to the registrar.44
[Business Names Registration (Fees) Amendment (Registries Modernisation) Bill 2019;
Corporations (Fees) Amendment (Registries Modernisation) Bill 2019; and the National
Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Bill 2019.
See also Appendix table A4]
Commencement and application provisions
1.104 The Commonwealth Registers Bill 2019 commences the day
after Royal Assent. The remainder of the new registry regime commences
44
Note: The amendments to the Business Names Registration (Fees) Act 2011, the
Corporations (Fees) Act 2001 and the National Consumer Credit Protection (Fees) Act
2009 are introduced into Parliament as three separate Bills. Notwithstanding the
consequential nature of the amendments being made, it is OPC's practice not to include
amendments of imposition Acts in omnibus amendment Bills if the amendments of the
imposition Acts could be characterised as, or may appear to be, impositions of taxation. This
practice is aimed at ensuring that such amendments comply with section 55 of the
constitution which requires laws imposing taxation to deal only with the imposition of
taxation.
36
Modernisation of Commonwealth registers
on a date to be set by proclamation. This mechanism is used so that a
commencement date can be set when administrative arrangements
supporting the new regime are in place. These arrangements include the
use of a new information technology platform and the development of
systems and processes to support the new regime's operation. However, if
any provisions do not commence within 24 months of the day that the Bill
receives Royal Assent, they will automatically commence the day after
the end of that period. Automatic commencement after a designated
period is a standard feature of provisions that provide for commencement
by proclamation. Automatic commencement ensures that laws do not sit
dormant on the statute books indefinitely. [Section 2 of the Commonwealth
Registers Bill, section 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019]
1.105 There are application rules that apply in relation to the
consequential amendments made in support of the new registry regime. In
particular, each consequential amendment related to a particular function
or power does not apply until a registrar is appointed with respect to that
function or power. This ensures that a registry function or power
continues to be administered under the current law until it is allocated by
the Minister to the registrar under the new law. [Schedule 1, items 359, 1315,
1414, 1465 and 1466 of the of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019]
37
Chapter 2
Director identification numbers
Outline of chapter
2.1 Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019 amends the Corporations
Act and the Corporations (Aboriginal and Torres Strait Islander) Act
2006 (CATSI Act) to introduce a director identification number (DIN)
requirement. It sets out:
• the persons to which the new requirement applies;
• the obligations associated with the new requirement;
• how the new requirement is administered; and
• the consequences of contravening the new law.
Context of amendments
2.2 Phoenixing occurs when the controllers of a company
deliberately avoid paying liabilities by shutting down an indebted
company and transferring its assets to another company. This impacts on
creditors who fail to receive payments for goods and services, employees
through lost wages and/or superannuation entitlements and the general
public through lost revenue to the Government. The total cost of
phoenixing to the Australian economy is estimated to be between
$2.9 billion and $5.1 billion annually.
2.3 The Commonwealth Government currently has a number of
initiatives underway to deter and penalise phoenix activity in order to
protect those who are negatively affected by such fraudulent behaviour.
One initiative is the introduction of a DIN, which the Government
announced on 12 September 2017.
2.4 The DIN will require all directors to confirm their identity and it
will be a unique identifier for each person who consents to being a
director. The person will keep that unique identifier permanently, even if
they cease to be a director. It is not intended that a person's DIN will ever
be re-issued to someone else or that one person will ever be issued with
more than one DIN (except in limited circumstances such as when a
record is corrupted). As such, the DIN will provide traceability of a
director's relationships across companies, enabling better tracking of
directors of failed companies and will prevent the use of fictitious
39
Commonwealth Registers Bill 2019 and associated Bills
identities. This will assist regulators and external administrators to
investigate a director's involvement in what may be repeated unlawful
activity including illegal phoenix activity.
2.5 To date, although the law has required that directors' details be
lodged with ASIC, it has not required the regulator to verify the identity of
directors. This verification aspect of the DIN will improve the integrity of
the data and help with enforcement action associated with phoenixing.
2.6 The new DIN regime will also offer benefits beyond combating
phoenixing. For instance, simpler more effective tracking of directors and
their corporate history will reduce time and cost for administrators and
liquidators, thereby improving the efficiency of the insolvency process. In
addition, the new regime will improve data integrity and security. For
example, it would be possible to allow directors to be identified by a
number rather than by other more personally identifiable information.
2.7 The introduction of a DIN was recommended by the
Productivity Commission in its September 2015 final report into Business
Set-up, Transfer and Closure.45 In the report, the Productivity
Commission noted its confidence that the introduction of a DIN would
likely be of significant net benefit to the community as a whole.
Summary of new law
2.8 The new law amends the Corporations Act and the CATSI Act
to introduce a DIN requirement. The new requirement assists regulators to
better detect, deter and disrupt phoenixing and improves the integrity of
corporate data maintained by the registrar.
2.9 Under the new requirement a person appointed as a director of a
body corporate registered under the Corporations Act or the CATSI Act
must apply to the registrar for a DIN. The person must apply before they
are appointed a director unless the period is extended by the regulations or
unless they are provided an exemption or extension by the registrar. After
receiving an application, the registrar must provide the director with a
DIN if the registrar is satisfied that the director's identity has been
established.
2.10 The registrar is provided with powers to administer the new
requirement. These include powers to: issue DINs; keep necessary
records; cancel and reissue DINs; determine the numbering plan for the
new requirement; and, determine how directors can establish their
identity. The registrar may make data standards, by way of legislative
instrument, in relation to these and other matters.
45
See recommendation 15.6 of the Productivity Commission's report.
40
Director identification numbers
2.11 There are civil and criminal penalties for directors that fail to
apply for a DIN within the applicable timeframe. The registrar, or a senior
member of its staff, may also issue infringement notices in relation to such
conduct. There are also civil and criminal penalties which apply to
conduct that would otherwise undermine the new DIN requirement. For
example, there are criminal penalties for deliberately providing false
identity information to the registrar, intentionally providing a false DIN to
a Government body or relevant body corporate, or intentionally applying
for multiple DINs.
2.12 The new requirement contains transitional provisions that apply
in relation to a person that is appointed as a director at the time the new
requirement starts to apply. Such a person has the period specified in a
legislative instrument made by the Minister to apply for a DIN. In
addition, during the first 12 months of the operation of the new
requirement, a person who is appointed as a director will have an
additional 28 days to apply for a DIN (that is, for the first 12 months a
person must apply for a DIN within 28 days of being appointed as a
director).
Comparison of key features of new law and current law
New law Current law
A director of a body corporate No equivalent.
registered under the Corporations Act
or the CATSI Act must apply for a
DIN before becoming a director
unless a later period is prescribed by
the regulations (transitional
arrangements provide additional time
to apply for a DIN when the new
requirement firsts starts to apply).
The registrar must give an applicant No equivalent.
director a DIN if satisfied that their
identity has been established.
The registrar may exempt a person No equivalent.
from needing to obtain a DIN or
provide them with additional time in
which to apply for a DIN.
The registrar is provided with powers No equivalent.
to administer the new requirement
including powers to record DINs,
cancel and reissue DINs, determine
the numbering plan for the new
requirement, and determine how
41
Commonwealth Registers Bill 2019 and associated Bills
New law Current law
directors are to establish their
identity.
A person must not engage in certain There are existing penalties in the
conduct that would undermine the Criminal Code that relate to
new requirement including providing false information to the
deliberately providing false Commonwealth. These offences are
information to the registrar, relied upon by the new law where
intentionally providing a false DIN to appropriate.
a Commonwealth body or registered
body corporate, or intentionally
applying for multiple DINs.
Detailed explanation of new law
2.13 Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019 amends the Corporations
Act and the CATSI Act to introduce a DIN requirement.
2.14 The objective of the new requirement is to promote good
corporate conduct. In particular, the new requirement assists regulators to
detect and address unlawful behaviour and, through doing so, deter such
behaviour. It does so by requiring each appointed director of a registered
body corporate to have a unique identification number.
2.15 To implement the DIN requirement, the Bill inserts a new part
into both the Corporations Act and the CATSI Act. The new parts detail:
• the persons to which the new requirement applies;
• the obligations associated with the new requirement;
• how the new requirement is administered; and
• the consequences of contravening the new law.
To whom does the new requirement apply?
2.16 The new law is drafted so that the requirement to obtain a DIN
applies in relation to body corporates registered under the
Corporations Act or the CATSI Act (a registered body).
Who is an eligible officer?
2.17 The new law defines who is an eligible officer for the purposes
of the new requirement. An eligible officer is a director of a registered
body who:
42
Director identification numbers
• is appointed to the position of director, or is appointed to the
position of an alternate director and is acting in that capacity
(regardless of the name that is given to that position); or
• any other officer of the registered body who is an officer of a
kind prescribed by the regulations.
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 5 and 11, section 308-15 of the
CATSI Act and section 1272B of the Corporations Act]
2.18 The DIN requirement therefore initially operates with respect to
only appointed directors and acting alternate directors. It does not, at least
initially, extend to what are commonly referred to as de facto46 or shadow
directors47. This reflects that the current operation of the broader registry
regime applicable to registered bodies does not generally extend to
de facto and shadow directors.
2.19 As noted above, the definition of eligible officer may be
extended by regulation to any other officers of a registered body. The term
'officer' in relation to a registered body is defined in section 9 of the
Corporations Act and section 683-1 of the CATSI Act. Those sections
define the term to mean a director (including a de facto or shadow
director), a secretary, and a range of other persons that may affect the
business of a registered body, including administrators, receivers and
liquidators.
2.20 The effect of this regulation making power is to allow the DIN
to be extended to any such officer of a registered body if doing so is
appropriate. This ability provides the flexibility necessary to future-proof
the new requirement to ensure its ongoing effectiveness. Any such
regulations will be subject to parliamentary scrutiny through the
disallowance procedures of the Legislation Act 2003.
2.21 The new law also gives the registrar the power to exempt a
person or class of person from being an eligible officer. This allows the
registrar to respond where the imposition of the requirement would have
unintended consequences or would otherwise be unsuitable for a
particular person or class of persons. Any exemption that relates to a class
of persons is a legislative instrument and is therefore subject to
parliamentary scrutiny through the disallowance procedures of the
46
A 'de facto' director is a person who is not validly appointed as a director but who acts in
the position of a director. See the definition of 'director' in section 9 of the Corporations Act
and section 683-1 of the CATSI Act.
47
A 'shadow director' is a person who is not validly appointed as a director but the directors
of the body are accustomed to act in accordance with the person's instructions or wishes.
43
Commonwealth Registers Bill 2019 and associated Bills
Legislation Act 2003.48 An exemption in relation to a particular person
would not be by way of legislative instrument because any such decision
would be of an administrative character - that is, determining particular
cases in which the law is not to apply.49 As these decisions are not made
by legislative instrument, the registrar must notify the relevant person of
the exemption. [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11, section 308-15 of the
CATSI Act and section 1272B of the Corporations Act]
2.22 All references to 'director' are references to a person to which
the new DIN requirement applies unless indicated otherwise.
What is a registered body?
2.23 For the new DIN requirement to apply to a person, the person
must be a director of a registered body. For the purposes of the new law, a
registered body is:
• a company, registered foreign company or registered
Australian body (which are registered under the Corporations
Act); or
• an Aboriginal and Torres Strait Islander corporation (which
are registered under the CATSI Act).
Companies
2.24 The meaning of 'company' is defined in section 9 of the
Corporations Act. That section defines company as meaning a company
registered under the Corporations Act. Chapter 2A of the Act deals with
the registration of companies, including what types of companies can be
registered50 and how a company is registered51.
2.25 Applying the DIN in relation to companies ensures that directors
of all Australian companies are subject to the new DIN requirement. This
includes directors of companies that are responsible for managed
investment schemes52 and registered charities53. It also includes directors
48
The statement in the legislation that class exemptions are made by way of legislative
instruments is inserted to assist readers. Such instruments are legislative in nature as they
determine the law or alter the content of the law, rather than determine particular cases or
particular circumstances in which the law is to apply or is not to apply.
49
See section 8 of the Legislation Act 2003.
50
See Part 2A.1 of the Corporations Act.
51
See Part 2A.2 of the Corporations Act.
52
Under section 601FA of the Corporations Act a responsible entity for such a scheme must
be a public company.
53
The DIN requirement applies whether or not a company registered under the Corporations
Act is also registered under another law for a particular purpose, for example as a not-for-
profit entity under the Australian Charities and Not-For Profits Commission Act 2012.
44
Director identification numbers
of companies that are preserved by transitional provisions in Chapter 10
of the Corporations Act.54
Registered foreign companies
2.26 Registered foreign company is defined in Section 9 of the
Corporations Act as meaning a foreign company that is registered under
Division 2 of Part 5B.2 of the Corporations Act. That division prohibits a
foreign company from carrying on business55 in Australia56 unless it is
registered or its application for registration is pending57, and sets out the
requirements for registration58.
2.27 By virtue of the definition of 'foreign company'59, a registered
foreign company may in some instances be an unincorporated body.
However, the DIN requirement does not operate in relation to these
unincorporated bodies as they cannot hold property in their own name and
are therefore not prone to issues such as phoenixing activity. For this
reason and for consistency with the new requirement's operation with
respect to Australian bodies, the requirement only operates with respect to
registered foreign companies that are body corporates. [Schedule 2 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
item 11, paragraphs 1272B(1)(a) and 1272B(1)(b) of the Corporations Act]
2.28 Applying the DIN requirement to foreign companies that are
body corporates ensures that the requirement operates in a jurisdictionally
neutral manner. In particular, it ensures that the requirement applies to
body corporates incorporated in an external territory or otherwise outside
Australia, where those bodies carry on business in Australia. This ensures
that the new requirement operates consistently, regardless as to where a
registered body is incorporated. [Schedule 2 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, item 11, subsection 1272B(1)
of the Corporations Act]
54
See section 1378 of the Corporations Act, which provides that companies registered under
Part 2A.2 of the old Corporations Law of a State or Territory continue to be registered as if
they were registered under Part 2A.2 of the Corporations Act.
55
Section 21 provides that a body corporate that has a place of business in Australia carries on
business in Australia. The section (and Division 3 of Part 1.2 of the Act more generally) also
provides some additional information to elucidate the concept of carrying on a business.
However, the term is not comprehensively defined in the Act.
56
'In Australia' or 'in this jurisdiction' means within the geographic area of each state and
territory in Australia, including the coastal sea and, for the purposes of Chapter 7, any
prescribed external territory: see section 5 (General territorial application of Act) and the
definition of 'Australia' in section 9.
57
See section 601CD of the Corporations Act.
58
See section 601CE of the Corporations Act.
59
See section 9 of the Corporations Act.
45
Commonwealth Registers Bill 2019 and associated Bills
Registered Australian Body
2.29 Registered Australian body is defined in section 9 of the
Corporations Act as a 'registrable Australian body'60 that is registered
under Division 1 of Part 5B.2 of the Corporations Act. Section 601CA of
that Act provides that a registrable Australian body must not carry on
business in a state or territory unless:
• that state or territory is its place of origin;
• it has its head office or principle place of business in that
state or territory; or
• it is registered under Division 1 of Part 5B.2 or its application
for registration is yet to be dealt with.
2.30 Applying the DIN requirement to registered Australian bodies
ensures that the regime applies in relation to body corporates that are not
companies, but which carry on business in one or more states or territories
other than their home jurisdiction. As with registered foreign companies,
some registered Australian bodies are unincorporated. However, the new
requirement does not operate in relation to these bodies as they cannot
hold property in their own name and are therefore not prone to issues such
as phoenixing activity. The new requirement only applies in relation to
registered Australian bodies that are body corporates. [Schedule 2 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
item 11, subsection 1272B(1) of the Corporations Act]
Aboriginal and Torres Strait Islander corporations
2.31 The CATSI Act is the law that establishes the role of the
Registrar of Indigenous Corporations and allows Aboriginal and Torres
Strait Islander groups to form corporations. Registration under the
CATSI Act is mostly voluntary. However, some corporations--for
example, 'prescribed bodies corporate' set up under the Native Title Act
1993--are required to register under the CATSI Act.
2.32 The CATSI Act sets out the meaning of Aboriginal and Torres
Strait Islander corporation and how such corporations are registered.
Section 16-5 of the CATSI Act provides that an Aboriginal and Torres
Strait Islander corporation is a corporation registered under the
CATSI Act. Part 2-2 of the Act deals with applications for registration. In
particular, section 42-1 provides that a corporation comes into existence
on registration under the CATSI Act.
60
Registrable Australian body is defined in section 9 as a body corporate (which is not a
company, exempt public authority or corporation sole); or, an Australian unincorporated
body that may sue or be sued or may hold property in the name of its secretary or an officer
of the body.
46
Director identification numbers
2.33 Applying the DIN requirement to directors of Aboriginal and
Torres Strait Islander corporations ensures that these directors are treated
equivalently to those of registered bodies under the Corporations Act. It
also ensures that the members and creditors of all registered bodies may
benefit from the regime. [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, item 5, subsection 308-15(1) of the
CATSI Act]
What obligations are associated with the new DIN requirement?
2.34 The new law inserts four obligations in relation to the new
requirement. These obligations:
• require a director to apply for a DIN prior to being appointed
as a director;
• require a director to apply for a DIN within a prescribed
period of being directed to do so by the registrar;
• prohibit a person from knowingly applying for multiple
DINs; and
• prohibit a person from misrepresenting a DIN to a
government body or registered body.
Directors must apply for a DIN prior to being appointed
2.35 The first obligation requires a director to apply for a DIN prior
to being appointed as a director or within any later period specified in the
regulations. While the new law requires that all directors have a DIN, it is
a defence if the director applied to the registrar for a DIN prior to being
first appointed as a director of any registered body (or within such later
period as the regulations may allow) and the application has not yet been
dealt with.61 [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 5 and 11, subsections 308-20(1) and 308-20(2) of
the CATSI Act and subsections 1272C(1) and 1272C(2) of the Corporations Act]
2.36 The applicable point by which a director must have applied for a
DIN for the purposes of the above mentioned defence may be extended by
the registrar for a particular director or for a specified class of directors.
For a particular director, the period may be extended on application by the
director for the period specified in the application or for such other period
as the registrar considers reasonable. As such an extension applies the
laws to a particular case, it is of an administrative character. An extension
relating to a class of persons, however, must be made by legislative
instrument as such an extension is legislative in character. As such, any
class extensions are subject to parliamentary oversight through the
61
For this reason, this memorandum refers to the relevant obligation as being to apply for a
DIN prior to appointment rather than as a requirement to have a DIN.
47
Commonwealth Registers Bill 2019 and associated Bills
disallowance process under the Legislation Act 2003. The ability to grant
extensions provides the registrar with discretion to extend the period for
compliance where warranted.62 [Schedule 2 of the Treasury Laws Amendment
(Registries Modernisation and Other Measures) Bill 2019, items 5 and 11,
section 308-30 of the CATSI Act and section 1272E of the Corporations Act]
2.37 It is also a defence in relation to this obligation if the director
was appointed without their knowledge. This defence is aimed at ensuring
that a person does not breach the obligation because of the wrong doing of
another, for example, due to identity theft or forgery. In such a situation it
would be more appropriate for the regulator to explore other options, for
example, investigating whether a company has breached section 201D of
the Corporations Act, which requires a person to consent to being a
director. [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and
Other Measures) Bill 2019, items 5 and 11, subsection 308-20(3) of the CATSI Act and
subsection 1272C(3) of the Corporations Act]
2.38 A defendant carries an evidential burden for establishing both
defences related to this obligation. The evidential burden in these defences
has been reversed because the subject of the defences is peculiarly within
the knowledge of the defendant and is significantly more difficult and
costly for the prosecution to disprove than for the defence to establish.
The burden of proof on the defendant is an evidential burden. To satisfy
this evidential burden the defendant must adduce or point to evidence that
suggests a reasonable possibility that the defence exists.63 Once this is
done, the prosecution bears the burden of proof.
2.39 This obligation is designed to ensure the effectiveness of the
new requirement and that it does not have unintended consequences. In
particular:
• the obligation's compulsory nature ensures that all directors
(except those granted an exemption) apply for a DIN, which
is essential for the new requirement to achieve its objective;
• the fact that the obligation is an obligation to apply for a DIN
means that a director does not breach the obligation where
there is a delay in processing an application for reasons
beyond their control; and
• the requirement for every director to apply for a DIN
regardless of the length of their appointment ensures that the
DIN requirement cannot be avoided by a person stepping into
the role of a director for short periods at critical times.
62
For example, this power could be applied to the benefit of directors residing in very remote
areas should that remoteness affect their ability to apply for a DIN prior to appointment.
63
See subsection 13.3(3) of the Criminal Code.
48
Director identification numbers
2.40 The new law does not include an offence prohibiting the
provision of false or misleading information to the registrar. For this
purpose, the new law relies upon existing prohibitions that cover such
matters including section 137.1 of the Criminal Code, section 1308 of the
Corporations Act and section 561-1 of the CATSI Act. Each of these
sections prohibits the provision of false or misleading information. Such
prohibitions are important as a deterrent against the provision of false or
misleading information to the registrar (for example, as a deterrent against
a person attempting to acquire a DIN against a false identity).
2.41 The new law includes transitional arrangements for persons who
are directors at the time the new requirement starts. Such persons have to
apply for a DIN within the period specified in a legislative instrument
made by the Minster. There is no requirement for such persons to apply
for a DIN until this instrument is made.64 In addition, a transitional
arrangement provides an extra 28 days for a director to apply for a DIN
during the first year of operation of the new requirement (that is, during
the first year of the new requirement a person has 28 days to apply for a
DIN from date they are first appointed a director). Paragraphs 2.80 to 2.81
of this memorandum provides further information about these
arrangements.
Directors must apply for a DIN upon being directed to by the registrar
2.42 The second obligation requires a director to apply for a DIN
within a prescribed period of being directed to do so by the registrar. The
prescribed period may be determined by the registrar in its direction by
the registrar specifying the number of days a director has to apply for a
DIN. If the number of days is not specified in the direction, the prescribed
period is 28 days from the date the direction is given to the director. The
registrar may also extend the period that a director has to comply with a
direction.65 [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 5 and 11, subsections 308-25(1) and 308-25(2) of
the CATSI Act and subsections 1272D(1) and 1272D(2) of the Corporations Act]
2.43 This obligation ensures the registrar can require a director to
apply or reapply for a DIN where it is desirable to do so. This ability is
important in enabling the registrar to effectively administer and maintain
the new DIN requirement. For example, the registrar may wish a director
to apply or reapply for a DIN because:
64
This ensures that people who are directors at the time the new requirement starts do not
'automatically' breach the obligation to obtain a DIN. Such existing directors would not
have been able to obtain a DIN prior to being appointed a director and will therefore be
allowed a transitional period in which to do so (which will be specified in the instrument).
65
The power of the registrar to extend the period is identical to that applicable to the first
obligation discussed in paragraph 2.36 of this memorandum.
49
Commonwealth Registers Bill 2019 and associated Bills
• the director has never applied for a DIN;
• the director's existing DIN profile has been lost or corrupted;
or
• the registrar wishes to verify the director's identity.
2.44 This obligation does not include the defences which apply in
relation to the first obligation discussed above. Those defences are not
relevant to this obligation. Unlike the first obligation, this obligation is not
breached until the end of the relevant period. Similarly, the defence of
being appointed without knowledge is not relevant in the present context
where the registrar has directed the person to apply because they are a
director.
A person must not knowingly apply for multiple DINs
2.45 The third and fourth obligations associated with the new DIN
requirement are necessary to ensure the integrity of the new requirement.
2.46 The third obligation prohibits a person from applying for a DIN
if the person knows that they already have a DIN. However, the
prohibition does not apply in the following circumstances:
• where the registrar has directed the person to reapply for a
DIN66 - this defence ensures that this obligation does not
conflict with the ability of the registrar to require a director to
reapply for a DIN; or
• where the person applied for the additional DIN under
another Act - this defence ensures that a person cannot be
convicted of breaching this obligation under both the
Corporations Act and the CATSI Act if the violation only
relates to one of those Acts.
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 5 and 11, section 308-40 of the
CATSI Act and section 1272G of the Corporations Act]
2.47 The prohibition would not be contravened only because a person
applies for a DIN in circumstances where they have previously held a DIN
that has been cancelled. In such circumstances the person would not
already have a DIN at the time they subsequently apply for a DIN. This is
the case whether the cancellation occurred by operation of law (for
example, where the person's DIN was automatically cancelled because
they did not become a director within 12 months of being given it) or due
to a decision of the registrar.
66
A defendant bears an evidential burden in relation to this matter. The significance of this
burden and the rational for imposing it on the defendant are as described in paragraph 2.38
of this memorandum.
50
Director identification numbers
2.48 This obligation is designed to prevent a person from seeking to
circumvent the new requirement by obtaining multiple DINs. The
integrity of the regime requires each director to hold no more than one
DIN. A person holding multiple DINs would be difficult to identify and
track in relation to their directorships and corporate activities.
A person must not misrepresent a DIN to a government or registered
body
2.49 The fourth (and final) obligation associated with the new DIN
requirement is directed at preventing a person misrepresenting a DIN to a
body that is likely to rely upon it for regulatory compliance or
identification purposes. In particular, the new law prohibits a person from
intentionally representing to a Commonwealth body or a registered body
that a DIN is associated with a person when it is not. For this purpose, the
new law uses the definition of Commonwealth body set out in the new
Commonwealth Registers Bill 2019 discussed in Chapter 1 of this
memorandum. [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11, subsection 308-45 of the
CATSI Act and section 1272H of the Corporations Act]
2.50 It is important that directors honestly report DINs to
Government and regulated bodies. These bodies may rely upon the DIN to
establish the identity of directors and those seeking to become directors
(for example, to confirm that the person has not been disqualified). A
registered body may also be required under the new law to collect and
report the DIN of a newly appointed director for the purpose of facilitating
the administration of the new requirement. Such a requirement would not
be possible in a regime where people were not required to honestly report
DINs.
How is the new DIN requirement administered?
2.51 The administration of the new requirement relies on the new
registry regime outlined in Chapter 1 of this memorandum. Under the new
requirement, the registrar is responsible for the administration of all
functions and powers that are of a registry nature. These functions and
powers are explained in this section of this explanatory memorandum.
The remaining functions and powers are administered by the regulators
that have the general administration of the Corporations Act and the
CATSI Act, namely ASIC and the Office of the Registrar of Indigenous
Corporations (ORIC)67 respectively. These remaining functions and
67
The Registrar of Aboriginal and Torres Strait Islander Corporations is charged with the
administration of the CATSI Act (see section 658-1 of the Act). However, for ease of
understanding this memorandum generally refers to ORIC rather than the Registrar of
Aboriginal and Torres Strait Islander Corporations.
51
Commonwealth Registers Bill 2019 and associated Bills
powers relate to the enforcement of the new requirement through the civil
penalty and criminal offence provisions discussed in the next section of
this memorandum.
What powers and functions does the new law confer on the registrar?
2.52 The new law provides the registrar with the functions and
powers it requires to administer the registry aspects of the DIN
requirement. In particular, the new law provides the registrar with the
ability to:
• give a person a DIN if the person has applied for a DIN and
the registrar is satisfied that the person's identity has been
established; [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11,
subsections 308-5(1) of the CATSI Act and subsection 1272(1) of the
Corporations Act]
• direct a director to apply for a DIN (whether or not the
director already has a DIN); [Schedule 2 of the Treasury Laws
Amendment (Registries Modernisation and Other Measures) Bill 2019,
items 5 and 11, subsection 308-10(2) of the CATSI Act and subsection
1272A(2) of the Corporations Act]
• keep a record of each DIN that has been given to a person;
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 5 and 11, subsection 308-5(2) of
the CATSI Act and subsection 1272(2) of the Corporations Act]
• cancel a DIN that has been given to a person if the registrar is
no longer satisfied that the person's identity has been
established or if the registrar has given the person another
DIN; and [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11,
subsection 308-5(3) of the CATSI Act and subsection 1272(3) of the
Corporations Act]
• notify a person that they have been given a DIN or that a
DIN, which has previously been given to them, has been
cancelled. [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11,
subsections 308-5(1) and 308-5(3) of the CATSI Act and
subsections 1272(1) and 1272(3) of the Corporations Act]
2.53 The registrar is provided with little or no discretion in the
exercise of most of these functions and powers. In particular, the registrar
must give a person a DIN if that person is eligible to apply for a DIN and
has established their identity to the satisfaction of the registrar. Likewise,
the registrar cannot give a person a DIN or cancel a person's DIN without
notifying the person.
52
Director identification numbers
2.54 The new law also allows the registrar to request a person's tax
file number to facilitate the administration of the DIN requirement.68 This
will enable the registrar to use a person's tax file number to assist with
establishing the person's identity for the purposes of the requirement
where the person is willing to provide it. The use of a person's tax file
number (when provided) is likely to reduce the time and cost involved in
establishing a person's identity to the benefit of both the applicant and the
registrar. [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures) Bill 2019, items 15 and 16, section 202 of the Income Tax
Assessment Act 1936 and paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b) of the
Taxation Administration Act 1953]
2.55 It should be noted that this ability only allows the registrar to
request a person's tax file number. The registrar cannot require a person
to provide a tax file number. In addition, the current rules limiting the use
and disclosure of tax file information contained in the Taxation
Administration Act 1953 continue to apply in relation to any such
information held by the registrar. This ensures that any tax file
information collected can only be used for the purposes of administering
the DIN requirement and cannot be disclosed to third persons except in
accordance with that taxation law.69
Who may apply for a DIN?
2.56 The registrar may only give a person a DIN if that person has
applied for one. The new law provides for two categories of persons who
may apply for a DIN. No other person can apply.
2.57 The first category of persons who may apply for a DIN are
directors. As noted above, a director commits an offence if they do not
have a DIN and have not applied for one by the prescribed time. In
addition, the objective of the regime is to promote good corporate conduct
of directors by, among other things, establishing their identity and
tracking their directorships over time. It is therefore essential that
directors be able to apply for a DIN.
2.58 The second category of persons who may apply for a DIN are
persons who are not directors but intend to become directors within 12
months. It is not compulsory or required that such a person apply for a
DIN unless they are actually appointed as a director.70 However, the new
68
Without these amendments made by the new law it would be an offence under section 8WA
of the Taxation Administration Act 1953 for the registrar to request a person's tax file
number.
69
In particular, the registrar is generally permitted to disclose tax file information to the
Commissioner for the purposes of verifying with the Commissioner that the number belongs
to the person who provided it.
70
See paragraphs 2.35 to 2.41 of this memorandum.
53
Commonwealth Registers Bill 2019 and associated Bills
law enables such persons to obtain a DIN should they so desire. The intent
is to facilitate the operation of the new DIN requirement by enabling
prospective directors to apply for a DIN where convenient or necessary to
do so. [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and
Other Measures) Bill 2019, items 5 and 11, subsection 308-10(3) of the CATSI Act and
subsection 1272A(3) of the Corporations Act]
2.59 A DIN allocated to a prospective director is automatically
cancelled by operation of law if the person does not become a director
within 12 months of being given the DIN. This ensures the new
requirement remains focused on those that are directors or are likely to
become directors. A DIN that is cancelled pursuant to this provision may
be reallocated to the same person should they later reapply for a DIN. 71
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, items 5 and 11, subsection 308-5(4) of the CATSI Act and
subsection 1272(4) of the Corporations Act]
How does the registrar perform its functions and exercise its powers?
2.60 The registrar performs its functions and exercises its powers in
relation to the DIN requirement primarily in accordance with the data
standards.72 As explained in paragraphs 1.30 to 1.38 of this memorandum,
the data standards are legislative instruments that the new law allows the
registrar to make on matters relating to the performance of the registrar's
functions and the exercise of the registrar's powers.
2.61 In the present context, the data standards can provide for matters
related to the performance of the registrar's functions and the exercise of
the registrar's powers in relation to the DIN requirement. These functions
and powers are specified in paragraphs 2.52 to 2.55 of this memorandum.
Examples of particular matters related to the DIN requirement that the
registrar may deal with in the data standards include:73
• how a person's identity is to be established for the purposes
of the new requirement (for instance, the registrar could
require an applicant to provide 100 points of identification);
• the numbering plan for the new requirement (for instance, the
registrar could specify rules relating to the allocation and use
of numbers in connection with the new requirement,
71
It is a decision for the registrar as to how to treat cancelled numbers. The registrar could, for
example, decide to reuse the number or to quarantine the number.
72
As explained in paragraphs 1.39 to 1.41 of this memorandum, the registrar must also
perform its functions and powers in accordance with any other applicable laws of the
Commonwealth. An example of such a law is section 8WA of the Taxation Administration
Act 1953, which limits the use and disclosure of tax file number information.
73
Note that while all these matters may be dealt with by the data standards this does not mean
that they must be dealt with by the standards.
54
Director identification numbers
including rules affecting numbers that have previously been
given or cancelled74);
• how DIN records are to be stored, maintained and integrated
or linked to other data;
• how a person is to apply for a DIN and the manner and form
of any application;
• how the registrar may check or validate the accuracy of any
records held in relation to the new requirement; and
• how the registrar may notify people of relevant matters under
the new requirement.
2.62 There is flexibility in the legislation for data standards to include
different provisions relating to different functions or powers of the
registrar. For example, in setting data standards for the information the
registrar needs to collect to be satisfied of a person's identity, there can be
different proof of identity requirements for directors of a registered body
under the CATSI Act to those that apply to directors of a registered body
under the Corporations Act. Likewise, the standards may provide different
requirements for establishing the identity of directors that may not have
traditional forms of identification to ensure that such directors are not
discriminated against or unfairly disadvantaged.
2.63 Other amendments in the Bill enable the registrar to make data
standards relating to how the registrar is informed of relevant matters
relating to directors that already hold a DIN. For example, existing
section 205B of the Corporations Act requires companies to lodge a notice
of the personal details of a new director with the registrar within 28 days
of their appointment. As under the new law this notice must meet any
requirements of the data standards, the registrar may require companies to
provide details of any existing DIN held by a new director. An equivalent
ability exists in relation to the other types of registered bodies.75 These
abilities facilitate the proper functioning of the new requirement by
enabling details of any existing DIN held by a newly appointed director to
be collected for the purposes of tracking their directorships over time.
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and Other
74
In particular, the registrar may decide to reuse a DIN that has previously been allocated to a
person but then cancelled, whether or not the cancellation occurred by operation of law or
because of a decision made by the registrar.
75
In particular, the new law also allows the data standards to require a registered foreign
company or registered Australian body to provide the registrar with details of any existing
DIN held by a new director of the body. In the case of the CATSI Act, the new law amends
the information that must be provided to ORIC when a person becomes a director of an
Aboriginal and Torres Strait Islander corporation so that it includes the person's DIN, or the
fact that the person does not have a DIN.
55
Commonwealth Registers Bill 2019 and associated Bills
Measures) Bill 2019, items 1 to 4, paragraphs 21-1(3)(ea), 22-1(4)(da), 23-1(4)(da) and
subsection 304-5(4) of the CATSI Act]
What are the consequences of contravening the new law
2.64 Civil and criminal penalties apply to contraventions of the DIN
requirement. The registrar may also issue infringement notices in relation
to some contraventions.
Civil and criminal penalties
2.65 A contravention of every obligation in the new law is both a
civil penalty provision and an offence. This allows the regulator or
prosecutor (as the case may be) to take a proportional approach to the
enforcement of the new regime.
2.66 The maximum penalties applicable to each obligation in the Bill
are detailed in the following table.
Table 2.1 Penalties concerning obligations
Obligation Maximum penalty
Requirement to apply for a director Corporations Act
identification number prior to Criminal - 60 penalty units (strict
appointment or within such other liability)
period as allowed by the regulations Civil penalty - Greater of 5,000
or registrar penalty units or three times the
benefit derived or detriment avoided
because of the contravention
CATSI Act
Criminal - 25 penalty units (strict
liability)
Civil penalty - $200,000
56
Director identification numbers
Obligation Maximum penalty
Requirement to apply for a director Corporations Act
identification number if directed by Criminal - 60 penalty units (strict
the registrar liability)
Civil penalty - Greater of 5,000
penalty units or three times the
benefit derived or detriment avoided
because of the contravention
CATSI Act
Criminal - 25 penalty units (strict
liability)
Civil penalty - $200,000
Applying for additional DINs Corporations Act
Criminal - 120 penalty units or
imprisonment for 12 months, or both
Civil penalty - Greater of 5,000
penalty units or three times the
benefit derived or detriment avoided
because of the contravention
CATSI Act
Criminal - 100 penalty units or
imprisonment for 12 months, or both
Civil penalty - $200,000
Misrepresenting a DIN Corporations Act
Criminal - 120 penalty units or
imprisonment for 12 months, or both
Civil penalty - Greater of 5,000
penalty units or three times the
benefit derived or detriment avoided
because of the contravention
CATSI Act
Criminal - 100 penalty units or
imprisonment for 12 months, or both
Civil penalty - $200,000
Accessorial liability (being involved Corporations Act
in a contravention of one of the above Civil penalty (natural person) -
obligations) Greater of 5,000 penalty units or
three times the benefit derived or
detriment avoided because of the
contravention
Civil penalty (body corporate) -
Greater of: 50,000 penalty units; three
times the benefit derived or detriment
avoided because of the contravention;
or, 10 per cent of the annual turnover
57
Commonwealth Registers Bill 2019 and associated Bills
Obligation Maximum penalty
of the body corporate up to a
maximum amount of 2.5 million
penalty units
CATSI Act
Civil penalty - $200,000 for a natural
person
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, items 5, 6, 11, 12, and 14, subsections 308-20(1), 308-20(4), 308-
20(5), 308-25(1), 308-25(3), 308-25(4), 308-40(1), 308-40(4), 308-45(1) and 308-45(2),
and paragraph 386-1(1)(ab), of the CATSI Act and subsections 1272C(1), 1272C(4),
1272C(5), 1272D(1), 1272D(3), 1272D(4), 1272G(1), 1272G(4), 1272H(1), 1272H(2),
and section 1317E and schedule 3, of the Corporations Act]
2.67 The penalties applicable to each obligation are broadly
consistent with current penalties applicable to comparable provisions in
the Corporations Act and the CATSI Act respectively. However, the
maximum penalty between the Acts varies for some offences. This
reflects current differences in the penalty regime as between the two Acts.
Similarly, the current civil penalty regime within the CATSI Act does not
provide for pecuniary penalty orders to be made against corporations.
2.68 Breaching either of the first two obligations is an offence of
strict liability. The application of strict liability negates the requirement
for the regulator or prosecutor (as the case maybe) to prove fault.
2.69 The imposition of strict liability in relation to these obligations
is necessary to ensure the integrity of the new DIN requirement which
relates to corporate regulation. As already noted, the effectiveness of the
new requirement necessitates that all directors have applied for a DIN and
therefore that there is strong deterrence for those who may seek to avoid
the requirement. For similar reasons, the registrar may issue an
infringement notice under the Regulatory Powers (Standard Provisions)
Act 2014 in relation to a breach of either obligation.
2.70 Civil penalties also apply to any person who is involved in a
contravention of any of the obligations in Table 2.1. Sections 79 of the
Corporations Act and 694-55 of the CATSI Act define when a person is
involved in a contravention. Those sections provide that a person is so
involved if, and only if, the person has aided, abetted, counselled,
procured, induced or been knowingly concerned or a party to the
contravention, or has conspired with others to effect the contravention.
2.71 The way the law gives effect to penalties varies between the
Corporations Act and the CATSI Act. In the case of the Corporations Act,
the penalties are given effect to by making the necessary amendments to
existing subsection 1317E of the Corporations Act (in relation to civil
penalties) and Schedule 3 of the Corporations Act (in relation to criminal
penalties). In the case of the CATSI Act, the civil penalty provisions are
58
Director identification numbers
given effect to by making necessary amendments to existing
subsection 386-1 of the Act while criminal penalties are specified in the
provisions that create the offence.
2.72 The principles set out in the Guide to Framing Commonwealth
Offences, Infringement Notices and Enforcement Powers76 were
considered in framing each offence in the new law and in determining
applicable penalties.
Infringement notices
2.73 Breaches of the two obligations relating to failing to apply for a
DIN (see the first two items in Table 2.1) are also subject to the
infringement notice regime in Part 5 of the Regulatory Powers (Standard
Provisions) Act 2014. Because these obligations involve timeframes and
apply to a large number of people, minor breaches may be expected to
occur with some frequency. Infringement notices are an efficient way of
dealing with minor breaches, as they avoid the significant delays and costs
associated with court action.
2.74 Part 5 of the Regulatory Powers Act sets out a standard
framework under which infringement notices can be issued. This includes
important matters such as when an infringement notice may be issued and
by whom, what matters must be set out in an infringement notice, the
maximum penalty77 that can imposed, how an extension of time for
payment may be requested, how and under what circumstances an
infringement notice may be withdrawn, and the effect and consequences if
a person pays the amount stated in the notice.
2.75 In order for the standard framework in the Regulatory Powers
Act to operate the new law must set out who can act as an infringement
officer and as a chief executive for the purposes of the standard
framework. In this respect, the new law provides as follows:
• an infringement officer is each member of the staff of the
registrar who holds, or is acting in, an office or position that
is equivalent to an SES employee;
• the chief executive is the person specified as the relevant
chief executive in the registrar's instrument of appointment
under the new law; or if there is no person specified--the
registrar.
76
Attorney-General's Department, September 2011 edition.
77
The Regulatory Powers Act provides that a maximum penalty of 60 penalty units can be
imposed by an infringement notice, which is the amount set out in A Guide to Framing
Commonwealth Offences, Infringement Notices and Enforcement Powers, issued by the
Attorney-General's Department.
59
Commonwealth Registers Bill 2019 and associated Bills
2.76 The new law makes one modification to the standard framework
for issuing infringement notices under Part 5 of the Regulatory Powers
Act. The effect of this modification is that an infringement notice issued
in relation to an alleged contravention of the new law does not need to
give details of the place of the alleged contravention (as would otherwise
be required under paragraph 104(1)(e)(iii) of the Regulatory Powers Act).
The 'place' of the alleged contravention is not relevant in the context of
the present obligations which relate to failing to apply for a DIN and
would not further a recipient's understanding of the alleged contravention
to which an infringement notice relates. In addition, the requirement to
specify the place of the alleged contravention may be difficult and unduly
burdensome in the context of the relevant contraventions as the
information may not be obtainable or it may be unclear where the alleged
contravention took place.78 All other requirements of the standard
infringement notice regime in Part 5 of the Regulatory Powers Act apply
unmodified, including the requirements aimed at ensuring a recipient of
an infringement notice understands the alleged contravention to which the
notice relates. [Schedule 2 of the Treasury Laws Amendment (Registries
Modernisation and Other Measures) Bill 2019, items 5 and 11, sections 308-35 of the
CATSI Act and section 1272F of the Corporations Act]
Consequential amendments
2.77 Definitions are inserted into sections 9 of the Corporations Act
and 700-1 of the CATSI Act, which are the main definitions section of
those Acts.79 The definitions support the operation and readability of the
new law. [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation
and Other Measures Bill, items 7, 8 and 10, sections 694-120 and 700-1 of the CATSI
Act and section 9 of the Corporations Act]
Commencement, application and transitional provisions
Commencement
2.78 The new requirement commences on a date set by proclamation.
This mechanism is used so that a commencement date can be set when
administrative arrangements supporting the new regime are in place.
These arrangements include the use of a new information technology
platform and the development of systems and process to support the new
requirement's operation. However, if any provisions do not commence
78
Note that 'place' and 'place of the alleged contravention' are not defined in the Regulatory
Powers Act. The terms take their ordinary meaning.
79
Consistent with the current structure of the CATSI Act, the definition of 'Commonwealth
registrar' is inserted into Part 17-2 (Interpretation of other expressions) of the CATSI Act.
60
Director identification numbers
within 24 months of the Bills receiving Royal Assent, they automatically
commence the day after the end of that period. Automatic commencement
after a designated period is a standard feature of provisions that provide
for commencement by proclamation. Automatic commencement ensures
that laws do not sit dormant on the statute books indefinitely. [Section 2 of
the of the Treasury Laws Amendment (Registries Modernisation and Other Measures)
Bill 2019]
Application
2.79 Each function and power in the new law does not apply until the
function or power is assigned to the registrar. This means that the DIN
requirement will not apply until the day (the application day) the Minister
appoints a registrar to administer the new requirement.80 [Schedule 2 of the
Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019,
items 9 and 13, subitem 5(1) of the Bill and subsection 1653(1) of the Corporations Act]
Transitional arrangements
2.80 The new law provides that a person who is a director
immediately before the application day must apply for a DIN within a
period specified by a legislative instrument made by the Minister.81 Until
this period is specified, there is no requirement on such directors to apply
for a DIN. Without this transitional rule, a person who is a director when
the new requirement starts may be placed in a position where they are
unable to comply with the new law because it would require them to have
applied for a DIN at some time in the past, namely within 28 days82 of
being appointed as a director. This transitional period will also provide
time for existing directors to become familiar with the new requirement
and for any information or awareness campaigns in relation to it to take
effect. [Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and
Other Measures) Bill 2019, items 9 and 13, subitems 5(2) and 5(3) of the Bill and
subsections 1653(2) and 1653(3) of the Corporations Act]
2.81 In addition, the new law provides a person who is appointed a
director within the first 12 months of the new regime's operation with an
additional 28 days to apply for a DIN. After this transitional period ends,
the standard rule applies, that is, a director must apply for a DIN prior to
being appointed as a director or within any later period as may be allowed
80
The application day need not be the same for the purposes of the new requirement under the
CATSI Act and Corporations Act respectively.
81
As the instrument made by the Minster is a legislative instrument it is subject to
requirements of the Legislation Act 2003, including parliamentary oversight through the
disallowance process and appropriate consultation. The power to make this instrument under
the Corporations Act is separate to the power to make it under the CATSI Act. This means
that a different period can be specified for CATSI Act purposes to that specified for
Corporations Act purposes.
82
See paragraph 2.81 of this memorandum.
61
Commonwealth Registers Bill 2019 and associated Bills
by the regulations or the registrar (see paragraphs 2.35 to 2.36 of this
memorandum). This transitional period is designed to provide time for
new directors to become familiar with the new requirement and for any
information or awareness campaigns in relation to it to take effect.
[Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019, items 9 and 13, subitem 5(4) of the Bill and subsection 1653(4) of
the Corporations Act]
62
Chapter 3
Statement of Compatibility with Human
Rights
Prepared in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011
Commonwealth Registers Bill 2019
Treasury Laws Amendment (Registries Modernisation and Other
Measures) Bill 2019
Business Names Registration (Fees) Amendment (Registries
Modernisation) Bill 2019
Corporations (Fees) Amendment (Registries Modernisation) Bill 2019
National Consumer Credit Protection (Fees) Amendment (Registries
Modernisation) Bill 2019
3.1 These Bills (the legislative package) are compatible with the
human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview
3.2 The legislative package contains measures that:
• modernise Commonwealth business registers; and
• introduce a DIN requirement.
Modernisation of Commonwealth Registers
3.3 The new law facilitates a modern government registry regime
that is flexible, technology neutral and governance neutral. The regime
initially applies to the business registers administered by ASIC and the
Australian Business Register. Additional government registers may be
brought into the regime by future legislative reforms.
3.4 Under the new regime, the Minister appoints an existing
Commonwealth body to be the registrar. Different registrars can be
appointed for different functions or powers of the registrar.
63
Commonwealth Registers Bill 2019 and associated Bills
3.5 The functions and powers of the registrar are largely set out in
existing Commonwealth laws. In particular, most powers and functions
are set out in the Commonwealth acts that contain the registers being
brought into the new regime. These acts include: the Corporations Act; the
ABN Act; the Business Names Act; the Credit Act; and, the SIS Act.
3.6 The registrar performs its functions and exercises its powers in
accordance with the data standards and other Commonwealth laws. The
data standards are disallowable instruments made by the registrar. They
may deal with a variety of matters including what information may be
collected for the purposes of performing the registrar's functions, how
such information is to be given to the registrar, and how information held
by the registrar is to be stored.
3.7 The new law also provides for the protection and disclosure of
information held by the registrar. It is an offence for an official to disclose
information held by the registrar unless the disclosure is authorised. A
disclosure is authorised where: it is for the purposes of the new registry
regime; it happens in the course of the performance of an official's duties;
each person to whom the information relates consents to the disclosure;
the information is disclosed to a government agency for the performance
of its functions; or, the benefits associated with the disclosure outweigh
the risks (including privacy risks) after those risks have been mitigated.
3.8 All decisions made by the registrar under the new regime are
reviewable by the Administrative Appeals Tribunal except those made by
disallowable instrument.
Director Identification Number
3.9 The new law amends the Corporations Act and the CATSI Act
to introduce a DIN requirement. The new requirement assists regulators to
better detect, deter and disrupt phoenixing and improves the integrity of
corporate data maintained by the registrar.
3.10 Under the new requirement a person appointed as a director of a
body corporate registered under the Corporations Act or the CATSI Act
must apply to the registrar for a DIN. The person must apply before they
are appointed as a director unless the regulations provide additional time
or they are provided an exemption or extension by the registrar. After
receiving an application, the registrar must provide the director with a
DIN if the registrar is satisfied that the director's identity has been
established.
3.11 The registrar is provided with powers to administer the new
requirement. These include powers to: issue DINs; keep necessary
records; cancel and reissue DINs; determine the numbering plan for the
new requirement; and, determine how directors are to establish their
64
Compatability with Human Rights
identity. The registrar may make data standards, by way of legislative
instrument, in relation to these and other matters.
3.12 There are civil and criminal penalties for directors that fail to
apply for a DIN within the applicable timeframe. The registrar, or a senior
member of its staff, may also issue infringement notices in relation to such
conduct. There are also civil and criminal penalties which apply to
conduct that would otherwise undermine the new DIN requirement. For
example, there are criminal penalties for deliberately providing false
identity information to the registrar, intentionally providing a false DIN to
a Government body or relevant body corporate, and intentionally applying
for multiple DINs.
3.13 The new requirement contains transitional provisions that apply
in relation to a person who is currently appointed as a director at the time
the new requirement starts to apply. Such a person has the time specified
in a legislative instrument to apply for a DIN from the day the new
requirement starts, and the new requirement does not apply to them unless
such an instrument is made. In addition, during the first 12 months of the
new requirement's operation a person appointed as a director will have an
additional 28 days to apply for a DIN (that is, for the first 12 months of
new requirement's application, a person must apply for a DIN within 28
days of first being appointed as a director).
Human rights implications
3.14 The legislative package engages, or may engage, the following
human rights:
• the right to the presumption of innocence; and
• the right to privacy.
Engagement of the presumption of innocence
3.15 Paragraph 2 of Article 14 of the International Convention on
Civil and Political Rights (ICCPR) protects the right of a person charged
with a criminal offence to be presumed innocent until proven guilty
according to law. The presumption of innocence is also a fundamental
principle of the common law. As the Parliamentary Joint Committee on
Human Rights has observed, the presumption of innocence 'imposes on
the prosecution the burden of proving the charge, guarantees that no guilt
can be presumed until the charge has been proved beyond reasonable
doubt, ensures that the accused has the benefit of doubt, and requires that
persons accused of a criminal act must be treated in accordance with this
65
Commonwealth Registers Bill 2019 and associated Bills
principle'.83 The presumption of innocence generally requires the
prosecution to prove each element of a criminal offence beyond
reasonable doubt.
Offence provisions that carry an evidential burden
3.16 An offence provision that requires a defendant to carry an
evidential burden may be considered to engage the right to the
presumption of innocence. A number of offences in the legislative
package contain offence specific defences for which the defendant carries
an evidential burden. In accordance with the Criminal Code Act 1995 and
the Guide to Framing Commonwealth Offences, Infringement Notices and
Enforcement Powers84, offence specific defences in the legislative
package are made explicit through words of exception and exemption.
3.17 The evidential burden in those defences has been reversed
because the subject matter of the defence is:
• peculiarly within the knowledge of the defendant; and,
• significantly more difficult and costly for the prosecution to
disprove than for the defendant to establish.
3.18 Details of each defence and the relevant subject matter are in the
following table.
Table 3.1 Offence Specific Defences
Offence Defence Explanation
Modernisation of Commonwealth Registers
Disclosure of There are six The details of disclosures are
protected defences to this peculiarly within the knowledge
information. offence: of the defendant who has
1. The disclosure is allegedly made the disclosure.
allowed by other Such matters would be
parts of the laws that significantly more difficult for
implement the new the prosecution to disprove than
regime. for the defendant to establish.
2. The disclosure
happens in the course
of the performance of
the person's official
duties.
83
Parliamentary Joint Committee on Human Rights, General Comment No 43 Article 14:
Right to equality before courts and tribunals and to a fair trial, CCPR/C/CG/32, 23 August
2007, [30].
84
Attorney-General's Department, September 2011 edition.
66
Compatability with Human Rights
Offence Defence Explanation
3. The disclosure is to
another
Commonwealth
official for official
use.
4. The disclosure is to
a State or Territory
official for official
use.
5. The disclosure is
with the consent of
the person to which
the information
relates.
6. The disclosure is in
accordance with the
disclosure
framework.
Director Identification Number
Requirement to There are two The details of both when a
have a DIN defences to this person applied for a DIN and
offence: whether a DIN was applied for
1. The person applied without their knowledge are
for a DIN: before peculiarly within the knowledge
appointment; within a of the defendant. Such matters
period specified in would be significantly more
regulations after difficult for the prosecution to
appointment (if such disprove than for the defendant
regulations are to establish.
made); or within a
period allowed by the
registrar.
2. The person was
appointed as an
eligible officer
(which triggers the
requirement to have a
DIN) without their
knowledge.
Applying for an There are two The details of when a person has
additional DIN defences to this received a direction from the
offence. registrar and when they are
1. The person was applying for a DIN only in
directed by the relation to the Corporations Act
registrar to make the or CATSI Act are both
application. peculiarly within the knowledge
of the defendant. Such matters
67
Commonwealth Registers Bill 2019 and associated Bills
Offence Defence Explanation
2. For the offence of would be significantly more
applying for an difficult for the prosecution to
additional DIN under disprove than for the defendant
the CATSI Act, to establish.
applying for a DIN
only in relation to the
Corporations Act
(and vice versa).
3.19 The offences are critical to the operation of the regime. The
imposition of an evidential burden for the defences achieves a legitimate
object because it ensures that the offences are prosecutable, thereby
allowing effective enforcement of the new regime.
3.20 The burden of proof on the defendant is an evidential burden.
The effect of the imposition is therefore that the defendant must merely
adduce or point to evidence of the defence. Once this is done, the
prosecution bears the burden of proof.
3.21 Because of the low evidential burden on the defendant, to the
extent that imposing that burden is a limitation on the right to be
presumed innocent, it is proportionate and reasonable in the
circumstances.
Strict liability offences
3.22 The new DIN requirement engages the presumption of
innocence because it creates several new strict liability offences. A strict
liability offence means that the prosecution is not required to prove fault
as part of the offence; it must merely prove that a contravention took place
and the only permissible defence is an erroneous belief about a material
event or circumstance.
3.23 The measure includes the following strict liability offences, each
attracting a penalty of 60 penalty units under the Corporations Act or 25
penalty units under the CATSI Act:
• failure to apply for a DIN within the prescribed period
(subsections 1272C(1) of the Corporations Act and 308-20(1)
of the CATSI Act); and
• failure to apply for a DIN after being directed by the registrar
(subsections 1272D(1) of the Corporations Act and 308-
25(1) of the CATSI Act).
3.24 As explained in Chapter 2 of this memorandum, the offences are
also subject to the infringement notice regime under the Regulatory
Powers (Standard Provisions) Act 2014.
68
Compatability with Human Rights
3.25 The presumption of innocence is not an absolute right and is
subject to permissible limits, for example in a situation in which threats to
the rights of the innocent are minimal in comparison to the threats to the
wider public interest. However, because proof of fault is one of the
fundamental protections of criminal law, strict liability should only apply
where there is adequate justification and subject to specific considerations.
3.26 The strict liability offences created by the legislative package
pursue the legitimate objectives of enforcing the DIN regime. The strict
liability nature of the offences is also consistent with existing offences in
the Corporations Act and CATSI Act. For example, those Acts contain
strict liability offences relating to the information requirements around the
registration of bodies and keeping that information up to date.
3.27 These offences are directed at proving the identity of directors to
assist regulators better detect, deter and disrupt phoenixing and improve
the integrity of corporate data maintained by the registrar. The limitations
on the presumption of innocence afforded by these offences can be
considered rational and necessary because they enhance the effectiveness
of the enforcement regime in deterring avoidance of the DIN requirement
and ensure the integrity of information about companies and their officers.
Right to a fair hearing
3.28 Article 14 of the ICCPR ensures that everyone shall be entitled
to a fair and public hearing by a competent, independent and impartial
tribunal established by law.
3.29 In relation to the DIN requirement, the strict liability offences
above relating to failure to apply for a DIN might be considered to engage
the right to a fair and public hearing because they are subject to the
infringement notice regime under the Regulatory Powers (Standard
Provisions) Act 2014. Infringement notices can be issued when an
infringement officer reasonably believes that the offences have been
contravened and give the option of paying a stated penalty as an
alternative to Court proceedings.
3.30 Because the obligations to apply for a DIN involve timeframes
and apply to a large number of people, minor breaches may be expected to
occur with some frequency. Infringement notices are an efficient way of
dealing with minor breaches, as they avoid the significant delays and costs
associated with court action. Compliance with infringement notices as an
alternative to Court action is also voluntary. For these reasons, the DIN
requirement is not considered to limit the right to a fair and public
hearing.
Engagement of the right to privacy
3.31 Article 17 of the ICCPR requires parties to the ICCPR to uphold
the individual right not to have one's private, family and home life or
69
Commonwealth Registers Bill 2019 and associated Bills
correspondence unlawfully or arbitrarily interfered with. It also includes
the right to protection by law of one's reputation. According to the
Parliamentary Joint Committee on Human Rights' Guide to Human
Rights, the right to privacy includes:
• the right to respect for confidential and private information,
particularly the storing, use and sharing of such information;
and
• the right to control dissemination of information about one's
private life.
3.32 The right to privacy is not an absolute right and is subject to
permissible limits. The implied limitation arises, inter alia, from the term
'arbitrary' in Article 17 of the ICCPR, which prohibits unlawful or
arbitrary interferences with a person's privacy, family, home and
correspondence.
3.33 The modernisation of Commonwealth registers and DIN
measures could engage the right to privacy because they provide for the
collection and disclosure of information that may include personal
information. Personal information could potentially be collected and/or
disclosed as part of the administration of the Commonwealth registers and
DIN regimes.
Collection of information by the registrar
3.34 The registrar performs its functions and exercises its powers in
accordance with the data standards and other Commonwealth laws. The
data standards are disallowable instruments made by the registrar. They
may deal with a variety of matters including what information may be
collected for the purposes of performing the registrar's functions, how
such information is to be given to the registrar, and how information held
by the registrar is to be stored.
3.35 The data standards may engage the right to privacy by requiring
that personal information be provided to the registrar. While the making
of the data standards is a matter for the registrar, it is likely that personal
information about company officers, financial service licensees and other
persons on the current business registers will be collected. This is because
such information is required for the effective operation of the registry
regime.
3.36 In relation to a DIN, the registrar will make data standards that
require personal information be given for the purposes of verifying a
directors identity. This is an essential part of the effective administration
of the DIN regime.
3.37 The data standards are disallowable instruments for the purposes
of the Legislation Act 2003. Under that Act, legislative instruments and
their explanatory statements must be tabled in both Houses of the
70
Compatability with Human Rights
Parliament within six sitting days after the date of registration of the
instrument on the Federal Register of Legislation. Once tabled, the
instruments will be subject to the same level of parliamentary scrutiny as
regulations (including consideration by the Senate Standing Committee on
Regulations and Ordinances), and notice of a motion to disallow the
instruments may be given in either House of the Parliament within 15
sitting days after the date the instruments are tabled. In addition to
parliamentary oversight, relevant data standards are subject to a privacy
impact assessment under the Privacy Act 1988 and the consultation
requirements contained in the Legislation Act 2003.
3.38 Before the data standards are made, a full assessment of their
compatibility with human rights cannot be made. When the data standards
are made by the registrar a human rights compatibility statement will be
completed for them in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Disclosure of information by the registrar
3.39 Information held by the registrar is protected by offences in the
new law. Specifically, registry information cannot be disclosed unless the
disclosure is authorised.
3.40 Disclosure is authorised in the following circumstances:
• the recording or disclosure is for the purposes of the new
regime or happens in the course of the performance of the
duties of a person's official employment;
• the disclosure is to another person for use, in the course of
the performance of the duties of the other person's official
employment, in relation to the performance of the functions
of a government entity;
• the disclosure is to a State or Territory official for use in the
course of their duties of employment in relation to the
performance or exercise of functions or powers of a
government entity, pursuant to an intergovernmental
agreement with the Commonwealth;
• each person to whom the information relates consents to the
disclosure; or
• the disclosure is in accordance with the disclosure
framework.
3.41 These disclosures achieve a number of legitimate objectives, and
ensure that the new registry regime can be effectively administered.
3.42 In relation to disclosure within Government, registry
information that is required for the administration of other Australian laws
is made available for that purpose. Disclosure with consent achieves the
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Commonwealth Registers Bill 2019 and associated Bills
benefit of allowing data to be used for other purposes with a public benefit
so long as each person to whom the data relates consents to the disclosure.
3.43 Disclosure in accordance with the disclosure framework is
intended to provide the registrar with flexibility that will provide broader
public benefits in the future. It is envisaged that the ability to make a
disclosure framework will provide the registrar with flexibility regarding
the release of registry information. For example, the framework could
allow a trusted user (for instance a university whose IT systems, processes
and staff have been vetted) to access information that may not be
appropriate for wider dissemination where a social benefit exists and
appropriate undertakings are made.
3.44 The registrar makes the disclosure framework by legislative
instrument. It may provide for any matter related to the disclosure of
registry information. The registrar will decide what information is
disclosed based on a balance of the benefits of disclosure, such as the
ability to use data for research purposes, with the risks of disclosure,
including those related to privacy, after those risks have been mitigated.
3.45 The disclosure framework is a disallowable instrument for the
purposes of the Legislation Act 2003. Under that Act, legislative
instruments and their explanatory statements must be tabled in both
Houses of the Parliament within six sitting days after the date of
registration of the instrument on the Federal Register of Legislation. Once
tabled, the instruments will be subject to the same level of parliamentary
scrutiny as regulations (including consideration by the Senate Standing
Committee on Regulations and Ordinances), and notice of a motion to
disallow the instruments may be given in either House of the Parliament
within 15 sitting days after the date the instruments are tabled. In addition
to parliamentary oversight, the disclosure framework is subject to a
privacy impact assessment under the Privacy Act 1988 and the
consultation requirements contained in the Legislation Act 2003.
3.46 Until the disclosure framework is made, a full assessment of its
compatibility with human rights cannot be made. When the framework is
made by the registrar a human rights compatibility statement will be
completed for it in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Conclusion
3.47 These Bills are compatible with human rights. The legislative
package engages, or may engage the right to the presumption of innocence
and the right to privacy and reputation. However, to the extent that the
legislative package places limitations on these rights, these limitations can
be considered legitimate, rational and necessary in light of the objectives
they aim to achieve, and reasonable and proportionate in their extent.
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Table A1 - Amendments transferring functions and powers to the
registrar
Item86 Provision
ABN Act
20 Title
22 Subsection 9(1)
23 Subsection 9(1) (note 1)
24 Subsection 9(1) (note 2)
29 Subsection 9A(3)
88 Section 41 (definition of Registrar)
89 Section 41
A New Tax System (Goods and Services Tax) Act 1999
90 Subsection 25-10(2)
91 Subsection 25-60(2)
92 Section 146-20 (heading)
93 Subsection 146-20(1) (note)
94 Paragraph 146-20(3)(b)
98 Section 195-1
Australian Prudential Regulation Authority Act 1998
99 Subsection 56(1)
ASIC Act
103 Subsection 127(2A)
BNR Act
114 Paragraph 6(1)(b)
117 Paragraph 19(2)(a)
119 Subsection 23(1)
122 Subsection 24(1)
123 Subsection 24(1)
124 Subsection 24(2)
85
See paragraphs 1.91 to 1.103 of this memorandum.
86
Item refers to the item number of the relevant amendment in schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019.
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125 Subsections 24(3) and (4)
126 Subparagraphs 25(a)(iv), (v), (vi) and (vii)
127 Paragraph 25(e)
128 Subparagraph 25(e)(i)
129 Paragraph 25(e)
130 Subsection 28(2A)
131 Subsection 28(3)
132 Paragraph 29(1)(a)
133 Paragraph 29(4)(b)
134 Subsections 29(5), (6) and (7)
135 Subsection 30(1)
138 Paragraph 31(3)(a)
139 Paragraph 31(3)(b)
140 Subsection 31(4)
145 Section 33 (heading)
146 Subsection 33(1)
147 Subsection 33(2)
148 Subsection 33(3)
149 Paragraph 33(3)(a)
150 Subsection 33(4)
151 Paragraph 33(4)(a)
153 Subsection 33(8)
154 Paragraph 33(8)(c)
155 Subsection 34(1)
156 Subsection 34(1)
157 Paragraph 34(1)(a)
158 Subsection 34(2)
159 Subsection 34(2)
160 Subsection 34(3)
161 Subsection 34(4)
162 Paragraph 34(4)(a)
164 Paragraph 34(4)(b)
165 Paragraph 34(5)(a)
167 Paragraph 34(5)(b)
169 Section 34A
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170 Part 4 (heading)
171 Section 35 (heading)
172 Paragraph 35(1)(a)
174 Subsection 35(1)
176 Section 36 (heading)
177 Subsection 36(1)
179 Section 37 (heading)
180 Subsections 37(1) and (2)
181 Subsection 37(3)
183 Subsections 37(6) to (8)
184 Section 38 (heading)
185 Subsection 38(1)
187 Section 39 (heading)
188 Subsection 39(1)
190 Subsection 39(3)
191 Paragraph 39(3)(a)
192 Paragraph 39(3)(a)
194 Subsection 40(1)
196 Subsections 40(3) and (4)
197 Subsection 40(5)
198 Subsection 40(5)
199 Subsections 40(6) and (7)
200 Section 41 (heading)
201 Subsection 41(1)
202 Subsection 41(2)
203 Subsections 42(1) and (2)
204 Subsection 42(3)
205 Subsection 42(3)
206 Section 43 (heading)
207 Subsection 43(1)
208 Paragraphs 43(1)(a), (b) and (c)
209 Subsection 43(2)
210 Paragraphs 43(2)(a) and (b)
211 Subsection 44(1)
212 Subsection 44(1)
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213 Subsection 44(2)
215 Paragraphs 44(2)(a) and (b)
216 Subsection 45(1)
217 Subsection 45(2)
219 Paragraph 45(2)(b)
220 Subsection 46(1)
221 Subsection 46(2)
223 Paragraphs 46(2)(a) and (b)
224 Subsection 47(1)
225 Paragraphs 47(1)(a) and (c)
226 Subsection 47(2)
228 Paragraph 47(2)(a)
229 Paragraph 47(2)(b)
230 Subsection 48(1)
231 Subparagraphs 48(1)(a)(i) and (ii)
232 Paragraph 48(1)(b)
233 Paragraph 48(1)(b)
234 Paragraph 48(1)(c)
235 Subsection 48(2)
236 Subsection 48(2)
237 Paragraphs 48(2)(a) and (b)
238 Subsection 49(1)
240 Subsection 49(2)
241 Subsection 49(3)
242 Subsection 49(4)
243 Section 50
244 Section 50
245 Subsection 51(2)
246 Paragraphs 51(2)(a) and (b)
247 Subsection 51(3)
248 Section 52
249 Subsections 53(1) to (4)
250 Subsection 54(1)
251 Paragraph 54(2)(b)
252 Subsections 54(3) and (4)
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253 Subsection 55(1)
254 Subsection 55(2)
256 Subsections 55(4) and (5)
257 Section 56 (after table item 5)
263 Subsection 57(1)
264 Subsection 57(1)
266 Subsection 57(2)
273 Subsection 57(8)
276 Subsection 58(1)
278 Subsection 58(3)
279 Paragraph 58(4)(a)
282 Subsection 65(1)
283 Subsection 65(1)
284 Subsection 65(2)
285 Subsection 65(2)
286 Subsection 65(3)
288 Section 69 (heading)
289 Subsection 69(1) (heading)
290 Subsection 69(1)
292 Subsection 69(1)
294 Subsection 69(2)
298 Subsection 69(3)
299 Subsection 69(3)
301 Subsection 69(3)
304 Subsection 69(4)
307 Subsection 69(5)
308 Subsection 69(6)
309 Subsection 69(6)
310 Section 70 (heading)
311 Section 70
312 Section 71
313 Section 72
314 Paragraph 73(a)
315 Paragraph 73(b)
317 Section 75 (heading)
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318 Section 75
320 Paragraph 75(b)
322 Section 78
324 Subsection 80(1)
327 Subsection 82(5)
330 Subsection 84(5)
336 Subsection 87(9)
337 Subsection 87(11)
338 Subsection 88(4)
BNR (Transitional and Consequential Provisions) Act 2011
341 Item 14 of Schedule 1 (heading)
342 Item 14 of Schedule 1
343 Item 14 of Schedule 1 (note)
345 Items 15 and 16 of Schedule 1
346 Items 18 to 20 of Schedule 1
347 Item 21 of Schedule 1
348 Subitem 22(2) of Schedule 1
349 Paragraph 22(2)(a) of Schedule 1
355 Item 28 of Schedule 1 (at the end of the heading)
356 Item 28A of Schedule 1
357 Subitem 29(1) of Schedule 1
358 Subitem 29(2) of Schedule 1
Corporations Act
360 Subsection 5H(2)
361 Subsection 5H(3)
362 Section 9 (definition of ACN)
363 Section 9 (definition of ARBN)
Section 9 (paragraph (b) of the definition of continuous disclosure
366
notice)
367 Section 9 (note at the end of the definition of director)
368 Section 9 (definition of extract of particulars)
369 Section 9 (paragraph (a) of the definition of extract of particulars)
370 Section 9 (definition of lodge)
371 Section 9 (definition of offer information statement)
372 Section 9 (note to the definition of Product Disclosure Statement)
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373 Section 9 (definition of profile statement)
374 Section 9 (definition of prospectus)
375 Section 9 (definition of responsible entity)
376 Section 9 (definition of return of particulars)
377 Section 9 (paragraph (a) of the definition of return of particulars)
378 Subparagraph 88A(1)(a)(i)
379 Subsection 100(1)
380 Section 100
381 Section 106 (heading)
382 Section 106
383 Section 106
384 Paragraphs 109X(1)(c) and (d)
385 Subsection 109X(2)
386 Paragraph 111AF(1)(a)
387 Paragraph 1.1 of the small business guide in Part 1.5
388 Paragraph 1.10 of the small business guide in Part 1.5
389 Paragraph 3.2 of the small business guide in Part 1.5
391 Paragraph 3.2 of the small business guide in Part 1.5
392 Paragraphs 3.3, 3.7, 3.8 and 3.9 of the small business
393 Paragraph 4.1 of the small business guide in Part 1.5
394 Paragraph 4.2 of the small business guide in Part 1.5
395 Paragraph 4.2 of the small business guide in Part 1.5
396 Paragraph 4.2 of the small business guide in Part 1.5
397 Paragraph 4.2 of the small business guide in Part 1.5
398 Paragraph 4.3 of the small business guide in Part 1.5
399 Paragraph 4.4 of the small business guide in Part 1.5 (heading)
400 Paragraph 4.4 of the small business guide in Part 1.5
Paragraph 4.4 of the small business guide in Part 1.5 (table,
401 heading to column headed "the company must notify ASIC of the
change ... ")
Paragraph 4.4 of the small business guide in Part 1.5 (table item 4,
402
column headed "the company must notify ASIC of the change ... ")
403 Paragraph 5.1 of the small business guide in Part 1.5
404 Paragraph 5.1 of the small business guide in Part 1.5
405 Paragraph 5.4 of the small business guide in Part 1.5
406 Paragraph 6.1 of the small business guide in Part 1.5
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407 Paragraph 10.3 of the small business guide in Part 1.5
408 Paragraph 12.6 of the small business guide in Part 1.5
409 Paragraph 12.6 of the small business guide in Part 1.5
410 Subsection 111L(1) (table item 1, column 2)
411 Subsection 111L(1) (table item 2, column 2)
412 Subsection 111L(1) (table item 4, column 2)
413 Subsection 111L(1) (table item 11, column 2)
414 Subsection 111L(1) (table item 13, column 2)
415 Subsections 111N(1), (2), (3) and (4)
416 Subsection 117(1)
420 Section 118 (heading)
421 Subsection 118(1)
423 Subsection 118(1) (note)
424 Subsection 118(2)
428 Subsection 129(2)
429 Section 130 (heading)
430 Section 130
431 Paragraph 136(1)(a)
432 Subsection 136(5)
434 Section 138
435 Subsection 142(1) (note 2)
436 Subsection 142(2)
438 Section 143 (heading)
439 Subsection 143(1)
440 Subsection 143(1) (note)
441 Subsections 143(2) and (3)
442 Paragraph 145(2)(a)
443 Paragraph 145(2)(b)
444 Subsection 145(3)
446 Subsection 146(1)
448 Subsection 146A(1)
449 Subsection 146A(2)
452 Subsections 147(3) and (4) (note)
453 Subsection 150(2)
455 Subsection 151(2)
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Appendix Consequential amendments
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457 Subsection 151(2AA)
458 Subsection 151(3)
459 Paragraph 151(3)(b)
460 Subsection 152(1)
461 Subsection 152(2)
463 Subsection 152(3)
464 Subsection 152(3)
467 Subsections 157(2) and (3) and 157A(1) to (7)
468 Section 158 (heading)
469 Subsection 158(1)
470 Subsections 158(3) and (4)
471 Section 159 (heading)
472 Subsection 159(1)
473 Paragraph 159(1)(c)
474 Subsection 159(2)
475 Section 160 (heading)
476 Section 160
477 Section 160 (note)
478 Subsection 161A(6A)
480 Subsections 162(3) and 163(1)
482 Subsection 163(2) (notes 1 and 2)
484 Section 164 (heading)
485 Subsection 164(1)
486 Paragraphs 164(1)(a) and (b)
487 Subsection 164(2)
488 Subsection 164(3)
489 Subsections 164(4) and (5)
490 Subsection 164(6)
491 Subsection 164(6) (note)
492 Subsection 164(7)
493 Subsection 164(7) (note)
494 Subsection 164(7) (note)
495 Subsection 165(3)
496 Subsection 165(3)
497 Subsection 165(4)
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498 Subsection 165(5)
499 Subsection 165(5) (note)
500 Paragraphs 172(1)(d) and (1A)(d)
501 Subsection 172(2) (heading)
502 Subsection 172(2)
503 Subsection 175(3)
504 Subsection 178A(1)
507 Subsection 178C(1)
508 Section 178D (heading)
509 Section 178D
510 Section 178D (table heading)
Section 178D (table, heading to column headed "The company
511
must notice ASIC within this time ... ")
Section 178D (table items 1, to 3, column headed "The company
512
must notice ASIC within this time ... ")
Section 178D (table item 4, column headed "The company must
514
notice ASIC within this time ... ")
515 Paragraphs 188(1)(f), (h) and (i)
516 Subsection 199A(3)
517 Subsection 201K(5) (note)
518 Section 201L (heading)
519 Section 201L
520 Subsection 201M(2) (note)
521 Section 201S
522 Section 204D (note 1)
523 Subsection 204E(2) (note)
524 Section 205A (heading)
525 Subsection 205A(1)
527 Subsection 205A(2) (note)
528 Section 205B (heading)
529 Subsection 205B(1)
531 Subsection 205B(2)
534 Subsection 205B(4)
536 Subsection 205B(5)
538 Paragraphs 205B(6)(b) and 205D(2)(b) and (3)(a) and (b)
540 Subsection 205D(4)
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541 Section 205E (heading)
542 Subsection 205E(1)
543 Subsection 205E(1)
544 Subsection 205E(2)
545 Subsections 206A(1) and (2) (note)
546 Subsection 206G(2)
548 Subsection 206G(4)
550 Subsections 206GA(2) and (3)
551 Section 226
552 Subsection 235(1)
553 Subparagraph 246C5(b)(ii)
554 Subsection 246D(6)
555 Section 246F (heading)
556 Subsection 246F(1)
558 Subsection 246F(3)
560 Paragraphs 247C(2)(a) and 249A(5)(b)
561 Subsection 249B(2)
562 Paragraphs 251A(5)(c) and 253M(3)(c)
563 Subsection 254B(1) (note 1)
564 Subsection 254B(1) (note 2)
565 Subsections 254E(2), 254H(4) and 254N(2)
566 Section 254X (heading)
567 Subsection 254X(1)
568 Subsection 254X(2)
569 Subsection 254X(3) (note)
570 Section 254Y (heading)
571 Subsection 254Y(1)
572 Subsection 256C(3)
573 Subsection 256C(5) (heading)
574 Subsection 256C(5)
576 Subsection 257B(1) (table)
577 Subsection 257C(3) (heading)
578 Subsection 257C(3)
580 Subsection 257D(3) (heading)
581 Subsection 257D(3)
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583 Section 257E (heading)
584 Section 257E
586 Subsection 257F(2)
588 Subsection 257H(3) (note)
589 Paragraph 260A(1)(b)
590 Subsection 260B(5) (heading)
591 Subsections 260B(5) and (6)
594 Subsection 260B(7)
596 Section 283BC (heading)
597 Subsection 283BC(1)
599 Subsection 283BC(2)
601 Section 283BCA
602 Section 283BF (heading)
603 Paragraph 283BF(1)(b)
605 Section 283BG (heading)
606 Subsection 285(1) (table item 5, column headed "steps")
607 Subsection 289(2)
609 Paragraphs 292(2)(b) and 302(c)
610 Section 302 (note 2)
611 Division 5 of Part 2M.3 (heading)
612 Section 319 (heading)
613 Subsection 319(1)
615 Section 320 (heading)
616 Subsection 320(1)
618 Subsection 321(1)
619 Subsection 322(1)
623 Paragraph 324DAC(a)
625 Subsection 329(2)
626 Paragraph 329(11)(c)
627 Paragraph 329(11)(c)
628 Paragraph 329(11)(d)
630 Subsection 331AC(7)
631 Subsection 332A(3)
633 Chapter 2N (heading)
634 Subparagraph 345A(1)(a)(ii)
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Appendix Consequential amendments
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635 Paragraph 345A(1A)(b)
636 Subsection 345A(1A)
637 Subsections 345B(1) and (2)
638 Subsection 345B(3)
639 Section 345C
640 Section 346A (heading)
641 Subsection 346A(1)
643 Section 346B (heading)
644 Section 346B
646 Paragraph 346C(3)(a)
649 Subsection 346C(5)
650 Subsection 347A(2)
651 Section 347B (heading)
652 Subsection 347B(1)
654 Subsection 347B(2)
656 Paragraph 347C(1)(c)
657 Section 348A (heading)
658 Subsection 348A(1)
659 Subsection 348A(1)
660 Subsection 348A(1)
663 Section 348B (heading)
664 Section 348B
665 Section 348C (heading)
666 Subsection 348C(1)
667 Paragraph 348D(2)(a)
670 Subsection 348D(4)
671 Section 349A (heading)
672 Subsection 349A(1)
674 Section 349B
676 Section 349C
678 Section 349D
680 Subsection 411(10)
682 Subsection 412(6)
683 Subsection 412(7)
684 Subsection 412(8)
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Commonwealth Registers Bill 2019 and associated Bills
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685 Subsection 412(8)
686 Paragraph 413(1)(d)
687 Subsection 413(3)
689 Subsection 415(1)
691 Paragraph 422(1)(c)
692 Subsection 422(2)
693 Subsection 422(3)
694 Subsection 422(4)
695 Subsection 422A(3)
696 Subsection 422A(4)
697 Subsection 422B(3)
698 Paragraph 426(a)
699 Subsections 427(1) to (2)
701 Subsection 427(3)
702 Subsections 427(4)
704 Subsections 429(4) and (5)
705 Subsection 432(2)
706 Paragraph 434(1)(a)
707 Section 434H (at the end of the heading)
708 Subsection 434H(1)
709 Subsection 436DA(4A)
712 Paragraph 438D(1)(c)
713 Subsection 438D(3)
714 Paragraph 445FA(1)(e)
716 Paragraph 446AA(4)(a)
718 Subsection 446C(7) (heading)
719 Subsection 446C(7)
720 Subsection 449CA(4A)
722 Subsection 449CA(6A)
724 Paragraph 450A(1)(a)
726 Section 450B
727 Paragraph 450B(b)
729 Section 450C
730 Paragraph 450C(a)
732 Section 450D
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733 Paragraph 450D(a)
735 Subsection 461(2)
737 Paragraph 465A(1)(a)
739 Section 470 (at the end of the heading)
740 Subsection 470(1)
741 Paragraphs 470(1)(a) to (c)
742 Paragraph 470(2)(a)
744 Subsection 474(3)
746 Paragraph 481(5)(b)
747 Subsection 481(5)
748 Paragraph 482(2A)(b)
749 Subsection 482(5)
751 Paragraph 489EA(1)(b)
752 Paragraph 489EA(3)(a)
753 Paragraph 489EA(6)(a)
754 Subsection 496(7)
756 Paragraph 497(1)(b)
759 Subsection 506(1B)
761 Subsection 506A(3)
763 Subsection 506A(6)
765 Subsection 507(11)
767 Subsection 509(1) (heading)
768 Subsection 509(1)
769 Subsection 509(1)
770 Subsection 509(2) (heading)
771 Subsection 509(2)
772 Subsection 509(3)
774 Subsection 510(1A)
776 Paragraph 533(1)(d)
779 Subsection 545(3)
780 Paragraph 568A(1)(a)
782 Paragraph 568B(1)(a)
783 Paragraph 568B(1)(c)
784 Paragraphs 568C(3)(a) and (b)
785 Subsection 573(1) and (2)
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786 Paragraph 579A(3)(a)
788 Paragraph 579B(3)(a)
790 Paragraph 579C(5)(a)
792 Paragraph 579C(6)(a)
794 Paragraph 579C(7)(a)
796 Subsections 579E(13), 579F(3), 579G(8) and 579H(5) and (6)
797 Paragraph 589(3)(a)
798 Paragraph 589(3)(a)
799 Subsection 601AA(1)
801 Subsection 601AA(3) (heading)
802 Subsection 601AA(3)
803 Paragraphs 601AA(4)(a) and (b)
804 Subsection 601AA(4)
805 Paragraph 601AA(4)(c)
807 Subsection 601AA(4A)
808 Subsection 601AA(5)
809 Subsection 601AA(5A)
810 Subsection 601AA(6)
811 Subsection 601AA(7)
812 Subsection 601AA(7)
813 Section 601AB (heading)
814 Subsection 601AB(1) (heading)
815 Subsection 601AB(1)
816 Paragraph 601AB(1)(b)
817 Paragraph 601AB(1)(c)
818 Subsections 601AB(1A) and (1B)
819 Subsection 601AB(2)
820 Subsection 601AB(2)
821 Paragraph 601AB(2)(b)
822 Subsection 601AB(3)
823 Subsection 601AB(3)
827 Subsection 601AB(3A)
828 Subsection 601AB(4)
829 Subsection 601AB(4)
830 Subsection 601AB(5)
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831 Subsection 601AB(5A)
832 Subsection 601AB(6)
833 Subsection 601AB(7)
834 Subsection 601AB(7)
835 Subsection 601AC(1)
836 Paragraph 601AC(1)(c)
837 Subsection 601AH(1) (heading)
838 Subsection 601AH(1)
839 Subsection 601AH(1)
840 Section601AH(1AA)
841 Subsection 601AH(1A)
842 Paragraph 601AH(1A)(a)
843 Subsection 601AH(2)
844 Paragraph 601AH(3)(a)
845 Paragraph 601AH(3)(a)
846 Subsection 601AH(4)
847 Subsection 601AH(4A)
848 Subsection 601AH(5)
849 Subsection 601AJ(1)
851 Section 601AK (heading)
852 Section 601AK
853 Section 601AK
854 Section 601AL (heading)
855 Subsection 601AL(1)
856 Paragraph 601AL(1)(a)
857 Subsection 601BC(1)
861 Section 601BD (heading)
862 Subsection 601BD(1)
864 Subsection 601BD(1) (note)
866 Subsection 601BJ(3)
869 Subsection 601BL(2)
870 Section 601CB
871 Subsection 601CC(1)
872 Subsections 601CC(2) to (4)
875 Subsections 601CC(7) to (9)
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878 Subsection 601CC(12)
879 Section 601CDA
880 Paragraph 601CDA(b)
881 Section 601CE
882 Subsection 601CF(2)
883 Subsection 601CG(1)
888 Subsection 601CH(1)
889 Subsection 601CK(1)
892 Paragraphs 601CK(3)(a) to (d)
893 Subsections 601CK(5), (5A), (6) and (9)
894 Subsection 601CK(9)
896 Subsection 601CK(10)
897 Subsection 601CL(1)
898 Subsection 601CL(2)
899 Subsection 601CL(2)
900 Subsections 601CL(3) to (5)
903 Subsections 601CL(8) to (10)
905 Subsection 601CL(12)
906 Subsection 601CL(13)
907 Paragraph 601CL(14)(a)
908 Section 601CP (heading)
909 Section 601CP
910 Section 601CTA
911 Paragraph 601CTA(b)
912 Subsection 601CT(2)
914 Subsection 601CT(3)
916 Subsection 601CT(4)
917 Subsection 601CU(1)
918 Paragraph 601CV(1)(b)
920 Paragraph 601CX(2)(b)
921 At the end of subsection 601CX(4)
922 Paragraph 601CZC(1)(d)
923 Section 601CZC(2)
925 Subsection 601DA(1)
926 Subsection 601DA(1)
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928 Subsection 601DA(2)
929 Subsection 601DA(3)
930 Subsection 601DA(3)
933 Subsections 601DC(3) and (4) (note)
935 Section 601DH (heading)
936 Subsection 601DH(1)
938 Subsection 601DH(2) (not including the notes)
939 Subsection 601DH(2) (note 3)
940 Section 601DJ (heading)
941 Subsection 601DJ(1)
942 Subsection 601DJ(3)
943 Subsection 601DJ(4) (not including the note)
944 Subsection 601DJ(4) (note)
945 Subsection 601EB(3)
946 Section 601EC (heading)
947 Section 601EC
948 Section 601FJ (heading)
949 Subsection 601FJ(1)
950 Paragraphs 601FL(2)(a) and (c)
952 Paragraphs 601FM(2)(a) and (c)
954 Subsections 601FP(3)
956 Subsection 601FP(4)
957 Subsection 601FQ(4)
958 Subsection 601FQ(4)
960 Subsection 601GC(2)
962 Section 601GC(3A)
963 Subsection 601HE(3)
965 Subsection 601HF(1)
967 Subsection 601HG(7)
969 Section 601HI
970 Section 601HI
971 Section 601HI
972 Section 601HI
974 Subsection 601KB(5)
975 Subsection 601KE(3)
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Commonwealth Registers Bill 2019 and associated Bills
Item86 Provision
976 Subsection 601NC(2)
978 Subsection 601PA(3)
979 Section 601PA(3A)
980 Subparagraph 601PB(1)(e)(ii)
981 Paragraph 601PB(2)(c)
982 Section 601PB(2A)
983 Paragraph 630(5)(c)
985 Section 632 (diagram)
Subsection 633(1) (table items 2, 4, 6, 9 and 13, column headed
986
"Steps")
988 Paragraph 633(4)(b)
990 Section 634 (diagram)
Subsection 635(1) (table items 5, 7 and 12, column headed
992
"Steps")
993 Paragraph 636(1)(e)
994 Paragraph 636(1)(e)
996 Paragraph 636(3)(c)
997 Subsections 637(1) and (2)
999 Paragraph 638(5)(c)
1000 Subsections 639(1) and (2)
1001 At the end of subparagraphs 643(1)(c)(i) and 644(1)(c)(i)
1002 Paragraph 645(1)(c)
1003 Subsections 645(2), (3) and (4)
1004 Section 646
1005 Paragraph 647(3)(a)
1007 Subsection 648G(9)
1008 Paragraphs 649C(1)(a) and (2)(b)
1010 Paragraphs 650C(2)(a) and 650D(1)(b)
1012 Paragraph 650D(4)(a)
1013 Paragraph 650D(4)(b)
1014 Paragraph 650F(3)(b)
1015 Subsection 650F(3A)
1017 Paragraph 654C(3)(b)
1019 Subsection 660B(3)
1022 Paragraphs 661B(1)(b) and (d)
1023 Subsection 661B(1) (note)
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Item86 Provision
1024 Paragraph 661B(2)(b)
1025 Subsection 661D(1)
1028 Paragraph 662B(1)(b)
1029 Subparagraph 662B(1)(c)(i)
1030 Paragraph 662B(1)(d)
1031 Subsection 662B(1) (note)
1032 Paragraph 662B(2)(b)
1035 Paragraph 663B(1)(b)
1036 Paragraph 663B(1)(d)
1037 Subsection 663B(1) (note 2)
1038 Paragraph 663B(2)(b)
1039 Section 664AA
1042 Paragraphs 664C(2)(a) and (b)
1043 Subsection 664C(2) (note)
1044 Subsections 664C(3) and 664E(2)
1046 Paragraph 664E(3)(b)
1050 Paragraphs 665B(1)(b), (c) and (e)
1051 Subsection 665B(1) (note 2)
1053 Paragraph 665B(2)(b)
1054 Paragraph 666A(2)(a)
1055 Subparagraphs 670A(1)(j)(i) and 670C(1)(c)(i)
1056 Subsection 670D(6)
1057 Paragraphs 672DA(2)(d) and (3)(d)
1058 Subsection 672DA(4)
1059 Subsection 672DA(4) (note)
1061 Subparagraph 675(2)(c)(ii)
1062 Subsection 675(2)
1063 Section 705 (table item 2, column headed "Type")
1064 Section 705 (table item 3, column headed "Type")
1065 Subparagraphs 708A(11)(b)(i) and (ii)
1067 Subsections 709(1) and (1B)
1068 Subsection 711(7) (heading)
1069 Paragraph 711(7)(a)
1070 Paragraph 711(7)(b)
1071 Subsection 712(1) (heading)
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Commonwealth Registers Bill 2019 and associated Bills
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1072 Subsection 712(1)
1073 Section 712(1A)
1074 Subsection 712(4)
1076 Paragraph 713(3)(b)
1077 Paragraph 713(4)(a)
1078 Subsection 713B(5)
1080 Subsection 713C(1)
1082 Paragraphs 713C(4)(a) and 713D(1)(b)
1084 Subsection 713D(3)
1085 Section 713E (at the end of the heading)
1086 Subsection 713E(1)
1087 Subsection 713E(4)
1089 At the end of section 713E
1090 Subparagraph 714(1)(e)(i)
1091 Subparagraph 714(1)(e)(ii)
1093 Subparagraph 715(1)(f)(i)
1094 Subparagraph 715(1)(f)(ii)
1096 Subsections 716(1) and (1B)
1097 Paragraph 716(2)(c)
1098 Section 717 (table item 2, column headed "Action required")
1099 Section 717 (table item 4, column headed "Action required")
1100 Subsection 718(1)
1101 Subsection 718(1) (note 3)
1103 Subsections 719(1) and (1A)
1104 Paragraph 719(2)(c)
1105 Subsection 719(2)
1106 Subsection 719(2)
1108 Subsections 719(3) to (5)
1109 Subparagraphs 719A(1)(c)(i) and (1)(d)(ii)
1110 Paragraph 719A(1)(e)
1111 Subsections 719A(2) and (3)
1112 Paragraph 719A(4)(c)
1114 Subsection 719A(4)
1116 Subsection 719A(5)
1118 Subsection 719A(6)
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Appendix Consequential amendments
Item86 Provision
1119 Section 720
1120 Subparagraph 724(1)(d)(i)
1121 Subsection 727(1)
1122 Subparagraphs 728(1)(c)(i) and 730(1)(c)(i)
1123 Subsection 733(4)
1124 Subsection 734(4)
1125 Subparagraph 738ZG(9)(b)(i)
1126 Paragraphs 739(1)(a) and (b)
1129 subsection 792B(6)
1130 Section 792C (heading)
1131 Subsections 792C(1) and (2)
1135 At the end of section 821B(4)
1139 At the end of section 904C (after the note)
1142 Section 916F (heading)
1143 Subsection 916F(1)
1145 Subsection 916F(3)
1147 Subsection 921J(2) (heading)
1150 Subdivision A of Division 9 of Part 7.6
1152 Sections 922D to 922G
1153 Section 922H (heading)
1154 Subsection 922H(1)
1156 Paragraph 922H(1)(b)
1158 Subsections 922L(1) and (2)
1159 Section 922M (at the end of the heading)
1162 Section 922Q
1163 Section 922R
1165 Subsection 990B(6)
1166 Paragraph 990L(3)(b)
1167 Subparagraphs 1012DA(11)(b)(i) and (ii)
1168 Subparagraphs 1013FA(2)(a)(i) and (ii)
1169 Paragraph 1013G(a)
1170 Paragraph 1013I(2)(b)
1171 Subparagraphs 1013I(3)(a)(i) and (ii)
1172 Section 1013J (heading)
1173 Section 1013J
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Commonwealth Registers Bill 2019 and associated Bills
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1174 Paragraph 1013J(b)
1175 Sections 1014J and 1014L
1176 Section 1015B (heading)
1177 Subsections 1015B(1) and (2) and 1015D(1)
1178 Subsection 1015D(2)
1180 Subparagraph 1015E(1)(b)(i)
1181 Subsection 1015E(2)
1182 Section 1016B (heading)
1183 Paragraph 1016B(1)(a)
1184 Subparagraphs 1018A(4)(c)(i) and (d)(i)
1185 Subparagraphs 1021M(1)(a)(i) and (3)(a)(i)
1186 Paragraph 1072E(10)(a)
1187 Section 1100A (heading)
1188 Subsections 1100A(1) and (2)
1189 Subsection 1100A(2)
1190 Subsection 1200C(5)
1193 Paragraph 1200C(6)(b)
1194 Subsection 1200C(6)
1201 Subsections 1200D(2) and (3)
1203 Subsection 1200G(9)
Subsection 1200G(9) (table, heading to column headed "the offeror
1205
must lodge with ASIC:")
1208 Paragraph 1200G(11)(b)
1209 Subsection 1200H(2)
1211 Paragraph 1200H(3)(b)
1212 Paragraph 1200L(1)(a)
1213 Paragraph 1200L(3)(a)
Subsection 1200N(1) (table item 1, column headed "If, in relation
1214
to:", paragraph (c))
1215 Paragraph 1200R(2)(b)
1216 Section 1200S (heading)
1217 Section 1200S
1219 At the end of section 1200S
1222 Subparagraph 1274(2)(a)(iaa)
1223 Subparagraph 1274(2)(a)(ia)
1224 Subparagraph 1274(2)(a)(ii)
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Appendix Consequential amendments
Item86 Provision
1225 Subparagraph 1274(2)(a)(ii)
1226 Subparagraph 1274(2)(a)(iva)
1227 Paragraph 1274(2)(b)
1229 Subsection 1274(8)
1230 Paragraph 1274(8)(h)
1231 Subsection 1274(9)
1232 Paragraph 1274(11)(a)
1233 Subsection 1274(11)
1234 Section 1274(15A)
1235 Subsection 1274(16)
1236 At the end of subsection 1274(16)
1237 Before section 1274AA
1238 Section 1274AA (heading)
1239 Subsection 1274AA(1)
1242 Section 1285
1243 Paragraph 1287(1)(b)
1244 Subsection 1287(1)
1246 Subsection 1287(4)
1247 Paragraph 1289(5)(b)
1248 Paragraph 1296(1)(b)
1249 At the end of subsection 1296(1)
1250 Section 1299E
1251 Subsection 1299F(3)
1252 Paragraph 1299F(4)(c)
1254 Paragraph 1299F(5)(a)
1255 Paragraph 1301(1)(d)
1257 Paragraph 1301(4)(b)
1258 Subsection 1304(1)
1259 Subsection 1308(2)
1260 Subsections 1308(4) and (6)
1261 Subparagraphs 1308(1)(a)(ii), (3)(a)(ii), (4)(a)(ii) and (5)(a)(ii)
1262 Section 1310 (heading)
1263 Section 1310
1264 At the end of subparagraph 1317AA(1)(b)(i)
1265 Paragraph 1317AAE(2)(ab)
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Commonwealth Registers Bill 2019 and associated Bills
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1266 Paragraph 1317AAE(3)(a)
1267 Paragraph 1317B(1)(ba)
1268 Paragraphs 1317C(d) and (e)
1269 Paragraph 1317C(k)
1270 Subsection 1317D(1)
1271 Paragraph 1317DAA(2)(b)
1272 Paragraph 1317DAE(1)(j)
1273 Paragraph 1317DAE(6)(b)
1274 Subparagraph 1317DAE(7)(a)(ii)
1275 Subparagraph 1317DAF(3)(b)(ii)
Subsection 1317DAG(2) (table item 3, column headed "If the
1276
disclosing entity fails to:")
1277 Paragraph 1322(4)(b)
1278 Subparagraph 1325B(1)(b)(iii)
1279 Section 1344
1280 At the end of subsection 1345A(1A)
1281 Subparagraph 1351(4)(a)(i)
1282 At the end of paragraph 1354(1)(a)
1283 Section 1355
1284 Section 1360
1285 Paragraph 1362(ab)
1286 At the end of paragraph 1364(2)(m)
1287 Paragraph 1366(a)
1288 Paragraph 1366(b)
1289 Section 1367
1290 Subsection 1389(1)
1291 Section 1392
1292 Section 1392
1293 Subsections 1465(3) and 1470(1)
1294 Section 1501B (note)
1295 Section 1546A
1296 At the end of section 1546A
1297 Subsection 1546B(3) (note 2)
1298 Subsection 1546E(5)
1300 Sections 1546J to 1546N
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Appendix Consequential amendments
Item86 Provision
1301 Sections 1546P, 1546Q, 1546R and 1546W (heading)
1302 Subsection 1546W(1)
1303 Subsection 1546W(1)
1305 Section 1546X (heading)
1306 Subsection 1546X(1)
1308 Section 1546Y (heading)
1309 Subsection 1546Y(1)
1313 Subsection 1562(1)
1314 Section 1599 (heading)
1317 Division 15 of Part 2 of Schedule 2
1318 Subsection 20-30(1) (at the end of the note)
1319 Subsection 20-30(2) of Schedule 2
1320 Subsection 20-75(2) of Schedule 2
1321 Subsection 30-1(1) of Schedule 2
1322 Subsection 30-1(3A) of Schedule 2
1323 Subsection 35-5(1) of Schedule 2
1324 Section 40-1 of Schedule 2
1325 Section 40-1 of Schedule 2
1326 Section 40-1 of Schedule 2
1327 At the end of subsections 40-5(1) and (6) of Schedule 2
1328 Subsection 40-10(1) of Schedule 2
1329 Paragraph 40-10(2)(a) of Schedule 2
1330 Paragraph 40-15(6)(a) of Schedule 2
1331 Subsection 40-15(7) of Schedule 2
1332 Subsection 40-35(3A) of Schedule 2
1333 Subsection 40-35(4) of Schedule 2 (heading)
1334 Subsection 40-35(4) of Schedule 2
1335 At the end of subsection 40-55(1) of Schedule 2
1336 Section 40-65 of Schedule 2
1337 Section 40-95 of Schedule 2
1338 At the end of section 40 95 of Schedule 2
1339 Subparagraph 50-35(2)(b)(v) of Schedule 2
1340 Section 55-1 of Schedule 2
1341 Section 70-1 of Schedule 2
1342 Subsection 70-5(2) of Schedule 2 (note)
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Commonwealth Registers Bill 2019 and associated Bills
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1343 Subsection 70-5(3) of Schedule 2
1345 Paragraph 70-5(4)(b) of Schedule 2
1346 Subsection 70-5(6) of Schedule 2
1347 Subsection 70-6(2) of Schedule 2
1349 Paragraph 70-6(3)(b) of Schedule 2
1350 Subsection 70-6(3) of Schedule 2 (note 2)
1351 Subsection 70-6(4) of Schedule 2
Subdivision F of Division 70 of Part 3 of Schedule 2 (at the end of
1352
the heading)
1353 Section 70-60 of Schedule 2 (at the end of the heading)
1354 At the end of subsection 70-60(1) of Schedule 2
1355 Paragraphs 70-60(2)(a) and (b) of Schedule 2
1356 At the end of paragraph 70-60(2)(c) of Schedule 2
1357 Subsection 70-60(2A) of Schedule 2
1358 Subsection 70-60(3) of Schedule 2 (note)
1359 Subclause 4(2) of Schedule 4 (heading)
1360 Subclause 4(2) of Schedule 4
1361 Subclause 4(2) of Schedule 4
1362 Subclause 27(2) of Schedule 4
1364 Subparagraph 29(4)(a)(ii) of Schedule 4
1365 Subsection 32(1) of Schedule 4
1366 Paragraph 36(2)(d) of Schedule 4
1367 Subparagraph 36(2)(m)(i) of Schedule 4
1368 Subparagraph 36(2)(m)(iii) of Schedule 4
Income Tax Assessment Act 1997
1369 Subsection 30-5(4AA) (note)
1370 Paragraph 30-5(4AB)(b)
1371 Section 30-226
1372 Section 30-229 (heading)
1373 Subsection 30-229(1)
1375 Subsection 30-229(3)
1376 Subsection 30-229(4)
1381 Section 30-315 (after table item 94B)
1384 Subsection 995-1(1)
1385 Subsection 995-1(1) (at the end of the definition of taxation law)
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Appendix Consequential amendments
Item86 Provision
Credit Act
1386 Section 71 (heading)
1387 Subsection 71(1) (heading)
1388 Subsection 71(1)
1395 Subsection 71(4)
1397 Subsection 72(1)
1398 Subsection 72(2)
1400 Sections 213 and 214
1401 Subparagraph 227(4)(b)(ii)
1402 Section 233
1403 Section 236
1404 Paragraph 237(a)
1405 Section 240 (heading)
1406 Subsection 240(1)
1407 Paragraph 240(2)(b)
1408 Subsection 281(1)
1409 Section 323 (paragraph relating to Division 3)
1410 Division 3 of Part 7-1 (heading)
1411 Section 327 (heading)
1412 Subsection 327(1)
1413 Section 328
SIS Act
1415 Subsection 10(1)
Subsection 10(1) (paragraph (rg) of the definition of reviewable
1416
decision)
1417 At the end of Division 2 of Part 1
1418 Section 128H
1419 Paragraph 128H(c)
1420 Section 128H
1423 Subdivision C of Division 1A of Part 16
1430 Section 285
Taxation Administration Act 1953
1431 Subsection 6B(6A)
1432 Subsection 8(1A)
1433 Subsections 16-147(5) in Schedule 1
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Commonwealth Registers Bill 2019 and associated Bills
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1434 Subsection 16-147(7) in Schedule 1
1435 Subsection 16-148(7) in Schedule 1
1436 Subsection 16-148(8) in Schedule 1
1437 Section 426-1 in Schedule 1
1440 Subsection 426-65(1) in Schedule 1
1441 Subsection 426-65(1) in Schedule 1
1443 Subsection 426-65(2) in Schedule 1
1444 Subsection 426-65(2A) in Schedule 1
1445 Subsection 426-65(2B) in Schedule 1
1446 Subsection 426-65(3) in Schedule 1
1451 Section 426-104 in Schedule 1 (heading)
1452 Subsection 426-104(1) in Schedule 1
1454 Subsection 426-104(1) in Schedule 1 (note 2)
1455 Subsection 426-104(2) in Schedule 1
1458 Section 426-115 in Schedule 1 (heading)
1459 Subsection 426-115(1) in Schedule 1
1461 Subsection 426-115(1) in Schedule 1 (note 2)
1462 Subsection 426-115(2) in Schedule 1
Table A2 - Amendments removing prescriptive requirements from
registry provisions
Item87 Provision
ABN Act
25 Subsection 9(2)
26 Subsection 9(3)
27 Subsection 9A(1)
28 Subsection 9A(2)
30 Subsection 10(1)
31 Paragraph 10(1)(ca)
32 Paragraph 10(1)(d)
33 Subsection 10A(1)
87
Item refers to the item number of the relevant amendment in schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019.
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Appendix Consequential amendments
Item87 Provision
34 Paragraph 10A(1)(d)
35 Paragraph 11(1)(b)
36 Subsection 11(3)
37 Paragraph 11(3)(d)
38 Subsection 11(3) (note)
39 Section 11A
40 Section 12
41 Subsection 13(1)
42 Subsection 13(2)
43 Subsection 13(3)
44 Subsection 13(3)
45 Subsections 13(4) and (5)
46 Section 14 (heading)
47 Paragraph 14(1)(b)
48 Subsection 14(1) (note 1)
49 Subsection 14(2)
50 Subsection 15(1) (table item 1, column headed "These entities ... ")
Subsection 15(1) (table item 1, column headed "can be requested to
51
give this information ... ", paragraph (c))
52 Subsection 15(1) (table item 2, column headed "These entities ... ")
53 Subsection 15(1) (table item 3, column headed "These entities ... ")
Subsection 15(1) (table item 3, column headed "can be requested to
54
give this information, paragraph (b))
55 Subsections 15(2) and (3)
56 Paragraph 17(1)(a)
57 Paragraph 17(1)(b)
58 Subsection 17(1) (note)
59 Subsection 17(2)
60 Subsection 17(3)
61 Subsection 18(1)
62 Subsection 18(1) (note 1)
63 Subsection 18(1A)
64 Subsection 18(2)
65 Paragraph 18(3)(a)
66 Paragraph 18(3)(c)
67 Paragraph 18(4)(a)
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Commonwealth Registers Bill 2019 and associated Bills
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68 Paragraph 18(4)(b)
69 Subsection 18(4A)
70 Subsection 18(5)
71 Paragraph 18(6)(a)
72 Paragraph 18(6)(c)
73 Subsection 19(1)
74 Subsection 19(2)
75 Subsection 21(2) (table item 7)
76 Division 10 of Part 3 (heading)
77 Section 24
78 Section 25
82 Section 41
84 Section 41
86 Section 41
A New Tax System (Goods and Services Tax) Act 1999
90 Subsection 25-10(2)
91 Subsection 25-60(2)
Australian Prudential Regulation Authority Act 1998
101 Subsection 56(7C)
BNR Act
109 Section 3
112 Section 3 (definition of notified successor)
115 Subsection 16(2)
116 Paragraph 18(1)(b)
120 Subsections 23(2) and (3)
124 Subsection 24(2)
136 Subsection 31(1)
137 Subsection 31(2)
141 Subsection 31(5)
142 Subsection 31(6) (note 2)
143 Subsection 32(3)
146 Subsection 33(1)
149 Paragraph 33(3)(a)
151 Paragraph 33(4)(a)
153 Subsection 33(8)
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Appendix Consequential amendments
Item87 Provision
154 Paragraph 33(8)(c)
157 Paragraph 34(1)(a)
159 Subsection 34(2)
160 Subsection 34(3)
161 Subsection 34(4)
163 Paragraph 34(4)(a)
166 Paragraph 34(5)(a)
168 Paragraph 34(5)(b)
174 Subsection 35(1)
175 Subsection 35(2)
178 Subsection 36(2)
180 Subsections 37(1) and (2)
182 Subsection 37(5)
183 Subsections 37(6) to (8)
186 Subsection 38(2)
188 Subsection 39(1)
189 Subsection 39(2)
193 Paragraph 39(3)(b)
194 Subsection 40(1)
195 Subsection 40(2)
196 Subsections 40(3) and (4)
199 Subsections 40(6) and (7)
201 Subsection 41(1)
203 Subsections 42(1) and (2)
205 Subsection 42(3)
214 Subsection 44(2)
218 Subsection 45(2)
222 Subsection 46(2)
227 Subsection 47(2)
241 Subsection 49(3)
248 Section 52
255 Subsection 55(3)
258 Section 56 (table item 11, column 1)
260 Section 56 (table item 12, column 1)
265 Subsection 57(1)
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Commonwealth Registers Bill 2019 and associated Bills
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267 Subsection 57(2)
268 Subsection 57(3)
269 Paragraph 57(3)(c)
270 Subsection 57(4)
271 Subsection 57(5)
272 Subsection 57(6)
273 Subsection 57(8)
274 Subsection 57(9)
275 Subsection 57(9)
277 Subsection 58(2)
291 Paragraph 69(1)(c)
293 Subsection 69(1) (note)
297 Subsection 69(3) (heading)
298 Subsection 69(3)
302 Subsection 69(4) (heading)
303 Subsection 69(4)
305 Subsection 69(5) (heading)
306 Subsection 69(5)
314 Paragraph 73(a)
315 Paragraph 73(b)
325 Subsection 82(1)
326 Subsection 82(4)
327 Subsection 82(5)
328 Subsection 84(1)
329 Subsection 84(4)
330 Subsection 84(5)
331 Subsection 86(2)
332 Subsection 86(5)
333 Subsection 86(6)
334 Subsection 87(6)
335 Subsection 87(8)
336 Subsection 87(9)
339 Subsection 88(4)
BNR (Transitional and Consequential Provisions) Act 2011
345 Items 15 and 16 of Schedule 1
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Appendix Consequential amendments
Item87 Provision
346 Items 18 to 20 of Schedule 1
347 Item 21 of Schedule 1
350 Subitem 22(2A) of Schedule 1
Corporations Act
360 Subsection 5H(2)
369 Section 9 (paragraph (a) of the definition of extract of particulars)
377 Section 9 (paragraph (a) of the definition of return of particulars)
390 Paragraph 3.2 of the small business guide in Part 1.5
396 Paragraph 4.2 of the small business guide in Part 1.5
417 Subsection 117(2)
419 Subsection 117(5)
422 Paragraph 118(1)(c)
425 Subparagraph 119A(2)(a)(i)
426 Subparagraph 119A(2)(a)(ii)
433 Subsection 136(5A)
437 Subsection 142(2)
445 Subsection 145(3)
447 Subsection 146(1)
450 Section 146A
454 Subsection 150(2)
456 Subsection 151(2AAA)
457 Subsection 151(2AA)
460 Subsection 152(1)
462 Subsection 152(2)
465 Subsection 152(3)
466 Paragraph 157(1)(b)
479 Subsection 161A(6A)
483 Subsection 163(2)
488 Subsection 164(3)
506 Subsection 178A(1)
Section 178D (table item 3, column headed "The company must
513
notice ASIC within this time ... ")
525 Subsection 205A(1)
526 Subsection 205A(1)
530 Subsection 205B(1)
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Commonwealth Registers Bill 2019 and associated Bills
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532 Subsection 205B(2)
535 Subsection 205B(4)
537 Subsection 205B(5)
539 Subsection 205D(3)
547 Subsection 206G(2)
549 Subsection 206G(6)
556 Subsection 246F(1)
557 Subsection 246F(1)(b)
559 Subsection 246F(3)
563 Subsection 254B(1) (note 1)
567 Subsection 254X(1)
571 Subsection 254Y(1)
575 Subsection 256C(6)
579 Subsection 257C(4)
582 Subsection 257D(3)
585 Section 257E
587 Paragraph 257F(2)(b)
592 Subsection 260B(6)
593 Subsection 260B(6A)
595 Subsection 260B(8)
598 Paragraph 283BC(1)(b)
600 Subsection 283BC(3)
601 Section 283BCA
604 Subsection 283BF(1)
608 Subsection 289(2)
614 Subsection 319(1)
617 Subsection 320(1)
620 Subsection 322(1)
622 Paragraph 324BB(6)(b)
624 Section 324DAC
625 Subsection 329(2)
629 Section 329
630 Subsection 331AC(7)
632 Subsection 332A(3)
634 Subparagraph 345A(1)(a)(ii)
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Appendix Consequential amendments
Item87 Provision
635 Paragraph 345A(1A)(b)
645 Section 346B
647 Paragraphs 346C(3)(b) and (c)
648 Subsection 346C(4)
652 Subsection 347B(1)
653 Subsection 347B(1)
654 Subsection 347B(2)
655 Subsection 347B(2A)
668 Paragraphs 348D(2)(b) and (c)
669 Subsection 348D(3)
672 Subsection 349A(1)
673 Subsection 349A(1)
675 Section 349B
677 Section 349C
679 Section 349D
681 Subsection 411(10A)
688 Subsection 413(3)
690 Subsection 415(1)
696 Subsection 422A(4)
697 Subsection 422B(3)
700 Subsection 427(2)
701 Subsection 427(3)
703 Section 427
704 Subsections 429(4) and (5)
710 Subsection 436DA(4B)
711 Subsection 438B(2A)
715 Subsection 445FA(2)
717 Subsection 446AA(4A)
719 Subsection 446C(7)
720 Subsection 449CA(4A)
721 Subsection 449CA(4B)
722 Subsection 449CA(6A)
723 Subsection 449CA(6B)
725 Subsection 450A(1AA)
726 Section 450B
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728 Section 450B
729 Section 450C
731 Subsection 450C(2)
732 Section 450D
734 Section 450D
736 Subsection 461(2)
738 Subsection 465A(1A)
743 Subsection 470(3)
745 Subsection 474(3)
747 Subsection 481(5)
750 Subsection 482(5)
753 Paragraph 489EA(6)(a)
754 Subsection 496(7)
755 Subsection 496(7A)
757 Subsection 497(1A)
758 Subsection 497(6)
760 Subsection 506(1B)
762 Subsection 506A(3A)
764 Subsection 506A(6A)
766 Subsection 507(11)
773 Subsection 509(3)
775 Subsection 510(1A)
777 Subsections 537(1) and (2)
778 Section 537
781 Subsection 568A(1A)
785 Subsection 573(1) and (2)
787 Subsection 579A(3)
789 Subsection 579B(3)
791 Subsection 579C(5)
793 Subsection 579C(6)
795 Subsection 579C(7)
796 Subsections 579E(13), 579F(3), 579G(8) and 579H(5) and (6)
797 Paragraph 589(3)(a)
798 Paragraph 589(3)(a)
800 Subsection 601AA(1A)
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Appendix Consequential amendments
Item87 Provision
806 Paragraph 601AA(4)(d)
825 Paragraph 601AB(3)(ab)
826 Paragraph 601AB(3)(b)
846 Subsection 601AH(4)
850 Subsection 601AJ(2)
858 Subsections 601BC(2) to (4)
859 Subsection 601BC(5)
860 Subsections 601BC(6) to (9)
863 Paragraph 601BD(1)(c)
865 Subsection 601BD(2)
868 Subsection 601BL(1)
870 Section 601CB
872 Subsections 601CC(2) to (4)
876 Subsection 601CC(10)
877 Subsection 601CC(11)
881 Section 601CE
884 At the end of subsection 601CG(1)
885 Subsection 601CG(2)
886 Section 601CG(2A)
887 Subsection 601CG(4)
890 Subsection 601CK(1)
891 Section 601CK(1A)
895 At the end of subsection 601CK(9)
896 Subsection 601CK(10)
900 Subsections 601CL(3) to (5)
904 Subsection 601CL(11)
905 Subsection 601CL(12)
913 At the end of subsection 601CT(2)
915 At the end of subsection 601CT(3)
916 Subsection 601CT(4)
917 Subsection 601CU(1)
919 Subsection 601CV(1)
924 Section 601CZC(2A)
927 Subsection 601DA(1A)
931 At the end of section 601DA
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937 Section 601DH(1AA)
951 Subsection 601FL(2A)
953 Subsection 601FM(2A)
955 Section 601FP(3A)
959 Section 601FQ(4A)
961 Section 601GC(2A)
962 Section 601GC(3A)
964 At the end of section 601HE
966 Section 601HF(1A)
968 At the end of subsection 601HG(7)
973 At the end of section 601HI
974 Subsection 601KB(5)
975 Subsection 601KE(3)
977 Section 601NC(2A)
982 Section 601PB(2A)
984 Subsection 630(5A)
987 Section 633(1A) and (1B)
989 Section 633(4A)
991 Subsection 635(1)
995 Section 636(1A)
998 Subsection 638(1AA)
1006 Subsection 647(3A)
1007 Subsection 648G(9)
1009 Subsection 649C(2A)
1011 Section 650D(1A)
1015 Subsection 650F(3A)
1018 Subsection 654C(3A)
1020 Paragraph 661B(1)(a)
1021 At the end of paragraph 661B(1)(a)
1026 Paragraph 662B(1)(a)
1027 At the end of paragraph 662B(1)(a)
1033 Paragraph 663B(1)(a)
1034 At the end of paragraph 663B(1)(a)
1040 Subsection 664C(1)
1041 At the end of subsection 664C(1)
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Appendix Consequential amendments
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1045 At the end of subsection 664E(2)
1047 At the end of subsection 664E(3)
1048 Paragraph 665B(1)(a)
1049 At the end of paragraph 665B(1)(a)
1052 Section 665B(1A)
1060 Subsection 672DA(4)
1062 Subsection 675(2)
1066 At the end of subsection 708A(11)
1075 At the end of subsection 712(4)
1079 At the end of subsection 713B(5)
1081 Section 713C(1A)
1083 Section 713D(1A)
1088 At the end of subsection 713E(4)
1092 Section 714(1A)
1095 Subsection 715(1A)
1102 Subparagraph 719(1)(c)(i)
1107 Subsection 719(3)
1113 Subsection 719A(4)
1115 Subsections 719A(5)
1117 Subsection 719A(6)
1127 Subsection 792B(5) (note 1)
1128 Subsection 792B(5) (note 2)
1132 Subsection 792C(3)
1133 Subsection 821B(4) (note 1)
1134 Subsection 821B(4) (note 2)
1137 Subsection 904C(3) (note 1)
1138 Subsection 904C(3) (note 2)
1140 Section 910A (definition of recent advising history)
1143 Subsection 916F(1)
1144 Section 916F(1A)
1145 Subsection 916F(3)
1146 At the end of subsection 916F(3) (before the note)
1150 Subdivision A of Division 9 of Part 7.6
1152 Sections 922D to 922G
1156 Paragraph 922H(1)(b)
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1157 Subsection 922H(2)
1160 Subsection 922M(2)
1162 Section 922Q
1164 Section 922S
1165 Subsection 990B(6)
1178 Subsection 1015D(2)
1179 Paragraph 1015D(2)(ca)
1191 Paragraph 1200C(5)(a)
1192 At the end of subsection 1200C(5)
1195 At the end of section 1200C
1196 Paragraph 1200D(1)(b)
1197 Paragraph 1200D(1)(e)
1198 Paragraph 1200D(1)(g)
1199 Paragraph 1200D(1)(h)
1200 Paragraph 1200D(1)(i)
1202 Section 1200E
1204 At the end of subsection 1200G(9)
Subsection 1200G(9) (table items 5 to 7, column headed "the offeror
1206
must lodge with ASIC")
1207 Subsection 1200G(9A)
1209 Subsection 1200H(2)
1210 At the end of subsection 1200H(2)
1217 Section 1200S
1218 Section 1200S
1220 Subparagraph 1213B(5)(a)(iv)
1221 Subsection 1274(1)
1230 Paragraph 1274(8)(h)
1242 Section 1285
1243 Paragraph 1287(1)(b)
1245 Section 1287(1A)
1249 At the end of subsection 1296(1)
1250 Section 1299E
1251 Subsection 1299F(3)
1253 At the end of subsection 1299F(4)
1256 At the end of paragraph 1301(1)(d)
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Appendix Consequential amendments
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1257 Paragraph 1301(4)(b)
1300 Sections 1546J to 1546N
1302 Subsection 1546W(1)
1304 Subsection 1546W(2)
1306 Subsection 1546X(1)
1307 Subsection 1546X(2)
1309 Subsection 1546Y(1)
1310 Subsection 1546Y(2)
1312 Section 1554
1313 Subsection 1562(1)
1344 Paragraph 70-5(4)(a) of Schedule 2
1348 Paragraph 70-6(3)(a) of Schedule 2
1357 Subsection 70-60(2A) of Schedule 2
1363 At the end of subclause 27(2) of Schedule 4
Income Tax Assessment Act 1997
1374 Subsection 30-229(1) (note 1)
1377 Subsection 30-229(4)
1384 Subsection 995-1(1)
Credit Act
1389 Subsection 71(1)
1390 Subsection 71(1)
1391 Subsection 71(2)
1392 Subsection 71(3) (at the end of the heading)
1393 Subsection 71(4) (heading)
1394 Subparagraph 71(4)(b)(i)
1396 Subsection 71(5)
1400 Sections 213 and 214
SIS Act
1415 Subsection 10(1)
1420 Section 128H
1421 Section 128H (note)
1422 Section 128H
1423 Subdivision C of Division 1A of Part 16
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Table A3 - Amendments to repeal redundant provisions and
harmonise registry provisions
Item88 Provision
ABN Act
21 Subsection 3(3)
79 Sections 26, 27, 28, 29A and 30
80 Section 41
81 Section 41 (definition of ABN (Australian Business Number)
83 Section 41 (definition of approved form)
85 Section 41 (definition of Australian Business Register)
87 Section 41
A New Tax System (Goods and Services Tax) Act 1999
94 Paragraph 146-20(3)(b)
95 Subsection 146-20(3) (note)
96 Section 195-1 (definition of Australian Business Register)
97 Section 195-1 (definition of Australian Business Registrar)
Australian Prudential Regulation Authority Act 1998
100 Subsection 56(7C)
101 Subsection 56(7C)
ASIC Act
102 Paragraph 12A(1)(k)
BNR Act
104 Section 3 (definition of ABN)
105 Section 3
106 Section 3 (definition of application fee)
107 Section 3 (definition of ASIC Act)
108 Section 3 (definition of ASIC member)
110 Section 3 (definition of Australian Business Register)
111 Section 3 (definition of Business Names Register)
113 Section 3 (definition of staff member)
118 Section 22
88
Item refers to the item number of the relevant amendment in schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019.
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Appendix Consequential amendments
Item88 Provision
121 Subsections 23(5) and (6)
144 Subsection 32(4)
146 Subsection 33(1)
152 Subsection 33(7)
173 Paragraph 35(1)(b)
175 Subsection 35(2)
178 Subsection 36(2)
183 Subsections 37(6) to (8)
189 Subsection 39(2)
193 Paragraph 39(3)(b)
196 Subsections 40(3) and (4)
239 Subsection 49(1)
259 Section 56 (table item 11, column 1)
261 Section 56 (table item 12, column 1)
262 Section 56 (table item 16)
280 Part 8
281 Sections 63 and 64
287 Sections 66 to 68
296 Subsection 69(2A)
300 Paragraphs 69(3)(a) and (b)
316 Section 74
319 Section 75
321 Sections 76 and 77
323 Section 79
BNR (Transitional and Consequential Provisions) Act 2011
340 Item 13 of Schedule 1
344 Item 14 of Schedule 1
345 Items 15 and 16 of Schedule 1
346 Items 18 to 20 of Schedule 1
351 Item 26 of Schedule 1
352 Item 27 of Schedule 1 (table item 3, column 2)
353 Item 27 of Schedule 1 (table item 4, column 2)
354 Item 27 of Schedule 1 (cell at table item 5, column 1)
Corporations Act
364 Section 9 (definition of ASIC database)
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365 Section 9 (definition of Business Names Register)
369 Section 9 (paragraph (a) of the definition of extract of particulars)
418 Subsection 117(4)
427 Subsection 119A(2) (note 1)
451 Paragraph 147(1)(b)
481 Subparagraph 163(2)(c)(i)
488 Subsection 164(3)
505 Subsection 178A(1)
533 Subsection 205B(3)
592 Subsection 260B(6)
601 Section 283BCA
621 Paragraph 324BB(6)(a)
642 Subsection 346A(2)
660 Subsection 348A(1)
661 Subsection 348A(2)
662 Subsection 348A(2A)
805 Paragraph 601AA(4)(c)
806 Paragraph 601AA(4)(d)
824 Subparagraph 601AB(3)(a)(iv)
865 Subsection 601BD(2)
867 Subsection 601BL(1)
868 Subsection 601BL(1)
869 Subsection 601BL(2)
873 Subsection 601CC(5)
874 Subsection 601CC(6)
875 Subsections 601CC(7) to (9)
876 Subsection 601CC(10)
899 Subsection 601CL(2)
901 Subsection 601CL(6)
902 Subsection 601CL(7)
903 Subsections 601CL(8) to (10)
904 Subsection 601CL(11)
932 Paragraph 601DC(1)(b)
934 Subsection 601DD(3)
978 Subsection 601PA(3)
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Appendix Consequential amendments
Item88 Provision
981 Paragraph 601PB(2)(c)
1016 Section 654B
1073 Section 712(1A)
1076 Paragraph 713(3)(b)
1089 At the end of section 713E
1136 Paragraph 853A(c)
1141 Section 910A (definition of Register of Relevant Providers)
1148 Paragraph 921J(2)(b)
1149 Division 9 of Part 7.6 (heading)
1150 Subdivision A of Division 9 of Part 7.6
1151 Subdivision B of Division 9 of Part 7.6 (heading)
1152 Sections 922D to 922G
1155 Paragraph 922H(1)(a)
1156 Paragraph 922H(1)(b)
1161 Subdivision C of Division 9 of Part 7.6 (heading)
1162 Section 922Q
1164 Section 922S
1170 Paragraph 1013I(2)(b)
1228 Subsections 1274(2A) to (2C)
1238 Section 1274AA (heading)
1239 Subsection 1274AA(1)
1240 Subsections 1274AA(2) and (3)
1241 Sections 1274A to 1275
1242 Section 1285
1243 Paragraph 1287(1)(b)
1250 Section 1299E
1251 Subsection 1299F(3)
1254 Paragraph 1299F(5)(a)
1292 Section 1392
1299 Subsection 1546G(5) (including the note)
1300 Sections 1546J to 1546N
1311 Section 1551 (definition of Register of Liquidators)
1312 Section 1554
1316 Section 5-5 of Schedule 2 (definition of Register of Liquidators)
1317 Division 15 of Part 2 of Schedule 2
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Income Tax Assessment Act 1997
1371 Section 30-226
1374 Subsection 30-229(1) (note 1)
1375 Subsection 30-229(3)
1377 Subsection 30-229(4)
1378 Subsection 30-229(4)
1379 Paragraphs 30-229(4)(a) to (c)
1380 Section 30-315 (table item 17A)
1382 Subsection 995-1(1) (definition of Australian Business Register)
1383 Subsection 995-1(1) (definition of Australian Business Register)
1385 Subsection 995-1(1) (at the end of the definition of taxation law)
Credit Act
1399 Division 2 of Part 5-1 of Chapter 5 (heading)
1400 Sections 213 and 214
SIS Act
1419 Paragraph 128H(c)
1423 Subdivision C of Division 1A of Part 16
1427 Subsection 128L(5)
1429 Section 128M
Taxation Administration Act 1953
1431 Subsection 6B(6A)
1432 Subsection 8(1A)
1433 Subsections 16-147(5) in Schedule 1
1435 Subsection 16-148(7) in Schedule 1
1437 Section 426-1 in Schedule 1
1438 Subdivision 426-C of Part 5-35 in Schedule 1 (heading)
1439 Section 426-65 in Schedule 1 (heading)
1441 Subsection 426-65(1) in Schedule 1
1442 Subsection 426-65(1) in Schedule 1 (note 1)
1443 Subsection 426-65(2) in Schedule 1
1444 Subsection 426-65(2A) in Schedule 1
1445 Subsection 426-65(2B) in Schedule 1
1446 Subsection 426-65(3) in Schedule 1
1447 Paragraph 426-65(3)(a) in Schedule 1
1448 Paragraph 426-65(3)(b) in Schedule 1
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Item88 Provision
1449 Paragraph 426-65(3)(c) in Schedule 1
1450 Subsection 426-65(4) in Schedule 1
1451 Section 426-104 in Schedule 1 (heading)
1452 Subsection 426-104(1) in Schedule 1
1453 Subsection 426-104(1) in Schedule 1 (note 1)
1454 Subsection 426-104(1) in Schedule 1 (note 2)
1455 Subsection 426-104(2) in Schedule 1
1456 Paragraph 426-104(2)(a) in Schedule 1
1457 Paragraph 426-104(2)(b) in Schedule 1
1458 Section 426-115 in Schedule 1 (heading)
1459 Subsection 426-115(1) in Schedule 1
1460 Subsection 426-115(1) in Schedule 1 (note 1)
1461 Subsection 426-115(1) in Schedule 1 (note 2)
1462 Subsection 426-115(2) in Schedule 1
1463 Paragraph 426-115(2)(a) in Schedule 1
1464 Paragraph 426 115(2)(b) in Schedule 1
Table A4 - Amendments that make the registrar responsible for
collecting fees
Item89 Provision
BNR Act
253 Subsection 55(1)
255 Subsection 55(3)
Corporations Act
1150 Subdivision A of Division 9 of Part 7.6
1283 Section 1355
1285 Paragraph 1362(ab)
SIS Act
1424 Subsection 128L(1) (table items 6 to 8)
1425 Subsections 128L(2) and (4)
1426 Subsection 128L(4)
89
Item refers to the item number of the relevant amendment in schedule 1 of the Treasury
Laws Amendment (Registries Modernisation and Other Measures) Bill 2019.
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1428 Subsection 128L(6)
122