Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An eligible officer commits an offence if the officer does not have a director identification number.
(2) Subsection (1) does not apply if:
(a) the officer applied to the Commonwealth Registrar under section 308 - 10 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 Act 2001 ); 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 Commonwealth Registrar allows under section 308 - 30, 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: This subsection is a civil penalty provision (see section 386 - 1).
Note 2: Section 694 - 55 defines involved in .