Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 205B

New directors or secretaries

  (1)   A company must lodge with ASIC a notice of the personal details of a director or secretary within 28 days after they are appointed. The notice must be in the prescribed form.

Note 1:   If a person becomes a director under subsection   120(1) there is no appointment and no notice is required under this subsection.

Note 2:   If a person who was appointed as an alternate director becomes a director under the terms of their appointment as an alternate director, there is no appointment as a director and no notice is required under this subsection.

New alternate directors

  (2)   A company must lodge with ASIC a notice of:

  (a)   the personal details of a person who is appointed as an alternate director; and

  (b)   the terms of their appointment (including terms about when the alternate director is to act as a director);

within 28 days after their appointment as an alternate director. The notice must be in the prescribed form.

Personal details

  (3)   The personal details of a director, alternate director, or secretary are:

  (a)   their given and family names; and

  (b)   all of their former given and family names; and

  (c)   their date and place of birth; and

  (d)   their address.

Note:   For address see section   205D.

Changes in details

  (4)   The company must lodge with ASIC notice of any change in the personal details of a director, alternate director or secretary within 28 days after the change. The notice must be in the prescribed form.

Notice required if person stops being a director or secretary

  (5)   If a person stops being a director, alternate director or secretary of the company, the company must lodge with ASIC notice of the fact within 28 days. The notice must be in the prescribed form.

  (6)   Subsection   (5) does not apply if:

  (a)   the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director; or

  (b)   the person gives ASIC a written notice of the person's retirement or resignation as a director, alternate director or secretary of the company in accordance with section   205A.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6), see subsection   13.3(3) of the Criminal Code .

  (7)   An offence based on subsection   (1), (2), (4) or (5) is an offence of strict liability.

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