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CORPORATIONS ACT 2001 - SECT 1272C

Requirement to have a director identification number

  (1)   An eligible officer must have a director identification number.

  (2)   Subsection   (1) does not apply if:

  (a)   the officer applied to the Registrar under section   1272A for a director identification number:

  (i)   before the day the officer first became an eligible officer (or an eligible officer within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); or

  (ii)   if the regulations specify an application period--within that period, starting at the start of that day; or

  (iii)   within the longer period (if any) the Registrar allows under section   1272E, starting at the start of that day; and

  (b)   the application, and any reviews arising out of it, have not been finally determined or otherwise disposed of.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2): see subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) does not apply if the officer became an eligible officer without the officer's knowledge.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3): see subsection   13.3(3) of the Criminal Code .

  (4)   An offence based on subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   A person who contravenes, or is involved in a contravention of, subsection   (1) contravenes this subsection.

Note 1:   Subsection   (5) is a civil penalty provision (see section   1317E).

Note 2:   Section   79 defines involved .


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