Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

No. 69, 2020

Compilation No. 4

Compilation date: 30 June 2026

Includes amendments: Act No. 57, 2026

About this compilation

This compilation

This is a compilation of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 that shows the text of the law as amended and in force on 30 June 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Schedules 2

Schedule 1—Amendments relating to the Registrar 3

Part 1—Main amendments 3

Business Names Registration Act 2011 3

Business Names Registration (Transitional and Consequential Provisions) Act 2011 16

Corporations Act 2001 16

National Consumer Credit Protection Act 2009 30

Part 3—Application and transitional provisions 45

Schedule 2—Director identification numbers 50

Corporations (Aboriginal and Torres Strait Islander) Act 2006 50

Corporations Act 2001 59

Income Tax Assessment Act 1936 67

Taxation Administration Act 1953 67

Endnotes 68

Endnote 1—About the endnotes 68

Endnote 2—Abbreviation key 70

Endnote 3—Legislation history 71

Endnote 4—Amendment history 73

An Act to amend the law relating to corporations, business names registration and consumer credit and to deal with consequential matters relating to the enactment of the Commonwealth Registers Act 2020, and for related purposes

1 Short title

This Act is the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	22 June 2020
6. Schedule 2	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 24 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	4 April 2021 (F2021N00065)

Note 1: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Note 2: Treasury Laws Amendment (2022 Measures No. 1) Act 2022 (item 6 of subsection 2(1) and Part 2 of Schedule 4).Part 3 of Schedule 1 commenced on 10 August 2022: see the

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Amendments relating to the Registrar

Business Names Registration Act 2011

1 Section 3

Insert:

Australian business law means 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.

Commonwealth body means:

data standards means standards made by the Registrar under section 62H.

designated secrecy provision has the meaning given by subsection 62N(3).

disclosure framework means the disclosure framework made by the Registrar under section 62L.

government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

official employment means:

protected information means information:

in connection with particular functions or powers of the Registrar.

Registrar has the meaning given by section 6A.

secrecy provision has the meaning given by subsection 62N(2).

taxation law has the same meaning as in the Income Tax Assessment Act 1997.

(a) an Agency (within the meaning of the Public Service Act 1999); or

a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or

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.

appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or

the exercise of powers or performance of functions under a delegation by the Registrar.

obtained by a person in the course of the person’s official employment; and

disclosed to the person or another person, or obtained by the person or another person:

under, or in relation to, this Act or the Transitional Act; or

under another law of the Commonwealth;

2 After section 6

Insert:

6A Meaning of Registrar

A reference in this Act to the Registrar is a reference to:

if only one Commonwealth body is appointed as Registrar under section 62A—that body; or

if more than one Commonwealth body is appointed under that section with functions and powers in connection with this Act or the Transitional Act:

if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or

otherwise—any of the Commonwealth bodies appointed under that section.

3 Section 56

Before “A decision”, insert “(1)”.

4 At the end of section 56

Add:

(2) A decision by the Registrar under a provision of the data standards or the disclosure framework is reviewable on the application of an entity whose interests are affected by the decision.

5 Before section 63

Insert:

Subdivision A—The Registrar

62A Appointment of the Registrar 1

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

62B Functions

The Registrar’s functions are:

such functions as are conferred on the Registrar by or under this Act or the Transitional Act; and

such functions as are prescribed by rules made for the purposes of this paragraph under section 62U; and

such functions as are incidental to the functions mentioned in paragraph (a) or (b).

62C Powers

The Registrar’s powers include:

such powers as are conferred:

on the Registrar in relation to the functions mentioned in section 62B; and

by or under this Act or the Transitional Act; and

the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

62D Directions by Minister 1

The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.

Note: Section 42 (disallowance) and Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).Part 4 of Chapter 3 (sunsetting) of the

Without limiting subsection (1), a direction under that subsection may relate to any of the following:

matters to be dealt with in the data standards or disclosure framework;

consultation processes to be followed prior to making data standards or the disclosure framework.

A direction under subsection (1) must be of a general nature only.

Subsection (3) does not prevent a direction under subsection (1) from relating to a particular matter to be dealt with in the data standards or disclosure framework. However, the direction must not direct the Registrar how to apply the data standards or disclosure framework in a particular case.

The Registrar must comply with a direction under subsection (1).

62E Delegation 1

The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act or the Transitional Act (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 a law of the Commonwealth; or

any person of a kind specified in rules made under section 62U.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

62F Assisted decision making 1

The Registrar may arrange for the use, under the Registrar’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which the Registrar may make decisions in the performance or exercise of the Registrar’s functions or powers under this Act or the Transitional Act, other than decisions reviewing other decisions.

A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.

(3) The Registrar may substitute a decision for a decision (the initial decision) the making of which is assisted by the operation of such a process under an arrangement under subsection (1) if the Registrar is satisfied that the initial decision is incorrect.

62G Liability for damages

None of the following:

is liable to 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 or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Division.

Subdivision B—How the Registrar is to perform and exercise functions and powers

the Registrar;

if the Registrar is a Commonwealth body that has members—a member of the Registrar;

a member of the staff of the Registrar;

a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;

a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;

an APS employee, or an officer or employee of a Commonwealth body, whose services are made available to the Registrar in connection with the performance or exercise of any of the Registrar’s functions or powers;

62H Data standards 1

The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act or the Transitional Act.

Without limiting subsection (1), the data standards may provide for any of 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 under this Act or the Transitional Act;

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;

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;

integrating or linking information held by the Registrar.

Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act or the Transitional Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have data standards that would apply to those functions or powers;

any data standards applying to those functions or powers immediately before that appointment continue to apply until the new Registrar makes data standards that apply to those functions or powers, or amends its existing data standards to apply to those functions or powers.

62J Giving information to the Registrar 1

Without limiting the Registrar in electronic form, or any other specified form.section 62H, the data standards may provide that information is to be given to

A requirement under this Act or the Transitional Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:

that the information is to be “lodged” or “furnished”; and

that the information is to be “written” or “in writing”; and

that a “copy” of a document containing the information is to be provided;

is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

62K How the Registrar is to perform and exercise functions and powers 1

The Registrar must perform its functions and exercise its powers under this Act or the Transitional Act in accordance with:

the data standards; or

if there are no data standards that apply to particular functions or powers—any requirement relating to those functions or powers as in force immediately before those functions or powers became functions or powers of the Registrar.

This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

62L Disclosure framework 1

The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.

Without limiting subsection (1), the disclosure framework may provide for any of the following:

circumstances in which information must not be disclosed without the consent of the person to whom it relates;

circumstances in which de-identified information may be disclosed;

circumstances in which information may be disclosed to the general public;

circumstances in which confidentiality agreements are required for the disclosure of information;

imposing conditions on disclosure of information.

Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act or the Transitional Act.

A person commits an offence if:

the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and

the person fails to comply with the confidentiality agreement.

Penalty: 100 penalty units or imprisonment for 2 years, or both.

the disclosure framework applying to those functions or powers immediately before that appointment continues to apply until the new Registrar makes a disclosure framework that applies to those functions or powers, or amends its existing disclosure framework to apply to those functions or powers.

The disclosure framework must not provide for disclosure of protected information unless the Registrar is satisfied that the benefits of the disclosure would outweigh the risks of the disclosure (taking into account any mitigation of those risks in accordance with the disclosure framework).

However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 62D.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act or the Transitional Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have a disclosure framework that would apply to those functions or powers;

62M Protection of confidentiality of protected information 1

(1) A person (the first person) commits an offence if:

the first person is, or has been, in official employment; and

the first person makes a record of information, or discloses information to another person; and

the information is protected information that was obtained by the first person in the course of the first person’s official employment.

However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

The recording or disclosure is authorised by this subsection if:

the recording or disclosure is for the purposes of this Division; or

the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or

in the case of a disclosure—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 or exercise of the functions or powers of a government entity; or

in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:

is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and

is in accordance with an agreement, about registration of business names, between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; or

in the case of a disclosure—each person to whom the information relates consents to the disclosure; or

in the case of a disclosure—the disclosure is in accordance with the disclosure framework.

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

62N Authorisation of recording or disclosure 1

A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 62M(3), unless the secrecy provision is a designated secrecy provision.

(2) A secrecy provision is a provision that:

is a provision of a law of the Commonwealth (other than this Act); and

prohibits or regulates the use or disclosure of information.

(3) A designated secrecy provision is any of the following:

(a) sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;

(b) Inspector-General of Intelligence and Security Act 1986;section 34 of the

(d) Taxation Administration Act 1953;section 8WB of the

a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 62U;

a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 62U.

62P Preventing disclosure of particular protected information 1

If:

a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and

the Registrar is satisfied that it is not appropriate to disclose that information;

a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.

Without limiting section 62L, the disclosure framework may provide for:

how applications referred to in paragraph (1)(a) are to be made; and

how those applications are to be decided.

62Q Authorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:

the information is protected information; and

the disclosure is authorised by subsection 62M(3) of this Act.

62R Disclosure to a court

A person is not to be required:

unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

to produce to a court any document that:

contains protected information; and

was made or given under, or for the purposes of, this Act or the Transitional Act; and

iii

was obtained by the person in the course of the person’s official employment; or

to disclose to a court any protected information that the person obtained in the course of the person’s official employment;

62S Extracts of information to be admissible in evidence 1

In any proceedings, a document, or a copy of a document, that purports (irrespective of the form of wording used) to be an extract of information held by the Registrar under, or for the purposes of, this Act or the Transitional Act:

is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and

is admissible without any further proof of, or the production of, the original;

if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.

The Registrar may give a person a certified copy of, or extract from, the information held by the Registrar under, or for the purposes of, this Act or the Transitional Act on payment of the fee (if any) prescribed by rules made under section 62U.

In any proceedings, the certified copy:

is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act or the Transitional Act; and

is admissible without any further proof of, or the production of, the original.

(4) This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

62T Annual report

Each annual report by the Registrar for a period must include information about the performance of the Registrar’s functions and exercise of the Registrar’s powers under, or for the purposes of, this Act or the Transitional Act during that period.

62U Rules 1

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Division to be prescribed by rules made under this section; or

necessary or convenient to be prescribed for carrying out or giving effect to this Division.

To avoid doubt, rules made under this section may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

Business Names Registration (Transitional and Consequential Provisions) Act 2011

6 Item 27 of Schedule 1

Before “A decision”, insert “(1)”.

7 At the end of item 27 of Schedule 1

Add:

Corporations Act 2001

(2) A decision by the Registrar under a provision of the data standards or the disclosure framework is reviewable on the application of an entity whose interests are affected by the decision.

8 Section 9

Insert:

Australian business law means 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.

Commonwealth body means:

data standards means standards made by the Registrar under section 1270G.

designated secrecy provision has the meaning given by subsection 1270M(3).

disclosure framework means the disclosure framework made by the Registrar under section 1270K.

government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

official employment means:

protected information means information:

in connection with particular functions or powers of the Registrar.

Registrar has the meaning given by section 9C.

secrecy provision has the meaning given by subsection 1270M(2).

taxation law has the same meaning as in the Income Tax Assessment Act 1997.

(a) an Agency (within the meaning of the Public Service Act 1999); or

a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or

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.

appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or

the exercise of powers or performance of functions under a delegation by the Registrar.

obtained by a person in the course of the person’s official employment; and

disclosed to the person or another person, or obtained by the person or another person:

under, or in relation to, this Act; or

under another law of the Commonwealth;

9 At the end of Division 1 of Part 1.2

Add:

9C Meaning of Registrar

A reference in this Act to the Registrar is a reference to:

if only one Commonwealth body is appointed as Registrar under section 1270—that body; or

if more than one Commonwealth body is appointed under that section:

if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or

otherwise—any of the Commonwealth bodies appointed under that section.

10 Part 9.1 (heading)

Repeal the heading, substitute:

Subdivision A—Appointment etc. of the Registrar

1270 Appointment of the Registrar 1

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

1270A Functions

The Registrar’s functions are:

such functions as are conferred on the Registrar by or under this Act; and

such functions as are prescribed by rules made for the purposes of this paragraph under section 1270T; and

such functions as are incidental to the functions mentioned in paragraph (a) or (b).

1270B Powers

The Registrar’s powers include:

such powers as are conferred:

on the Registrar in relation to the functions mentioned in section 1270A; and

by or under this Act; and

the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

1270C Directions by Minister 1

The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.

Without limiting subsection (1), a direction under that subsection may relate to any of the following:

matters to be dealt with in the data standards or disclosure framework;

consultation processes to be followed prior to making data standards or the disclosure framework.

A direction under subsection (1) must be of a general nature only.

The Registrar must comply with a direction under subsection (1).

1270D Delegation 1

(1) The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act (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 a law of the Commonwealth; or

any person of a kind specified in rules made under section 1270T.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

1270E Assisted decision making 1

A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.

1270F Liability for damages

None of the following:

Subdivision B—How the Registrar is to perform and exercise functions and powers

the Minister;

the Registrar;

if the Registrar is a Commonwealth body that has members—a member of the Registrar;

a member of the staff of the Registrar;

a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;

a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;

1270G Data standards 1

The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act.

Without limiting subsection (1), the data standards may provide for any of 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 under this Act;

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;

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;

integrating or linking information held by the Registrar.

Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have data standards that would apply to those functions or powers;

1270H Giving information to the Registrar 1

Without limiting the Registrar in electronic form, or any other specified form.section 1270G, the data standards may provide that information is to be given to

A requirement under this Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:

that the information is to be “lodged” or “furnished”; and

that the information is to be “written” or “in writing”; and

that a “copy” of a document containing the information is to be provided;

is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

1270J How the Registrar is to perform and exercise functions and powers 1

The Registrar must perform its functions and exercise its powers under this Act in accordance with:

the data standards; or

This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

1270K Disclosure framework 1

The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.

Without limiting subsection (1), the disclosure framework may provide for any of the following:

circumstances in which information must not be disclosed without the consent of the person to whom it relates;

circumstances in which de-identified information may be disclosed;

circumstances in which information may be disclosed to the general public;

circumstances in which confidentiality agreements are required for the disclosure of information;

imposing conditions on disclosure of information.

Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act.

A person commits an offence if:

the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and

the person fails to comply with the confidentiality agreement.

Penalty: 100 penalty units or imprisonment for 2 years, or both.

However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 1270C.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have a disclosure framework that would apply to those functions or powers;

1270L Protection of confidentiality of protected information 1

(1) A person (the first person) commits an offence if:

the first person is, or has been, in official employment; and

the first person makes a record of information, or discloses information to another person; and

the information is protected information that was obtained by the first person in the course of the first person’s official employment.

Penalty: Imprisonment for 2 years.

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

However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

The recording or disclosure is authorised by this subsection if:

the recording or disclosure is for the purposes of this Division; or

the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or

in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:

is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and

is in accordance with an agreement, about corporate regulation, between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; or

in the case of a disclosure—each person to whom the information relates consents to the disclosure; or

in the case of a disclosure—the disclosure is in accordance with the disclosure framework.

1270M Authorisation of recording or disclosure 1

A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 1270L(3), unless the secrecy provision is a designated secrecy provision.

(2) A secrecy provision is a provision that:

is a provision of a law of the Commonwealth (other than this Act); and

prohibits or regulates the use or disclosure of information.

(3) A designated secrecy provision is any of the following:

(a) sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;

(b) Inspector-General of Intelligence and Security Act 1986;section 34 of the

(d) Taxation Administration Act 1953;section 8WB of the

a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 1270T;

a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 1270T.

1270N Preventing disclosure of particular protected information 1

If:

a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and

the Registrar is satisfied that it is not appropriate to disclose that information;

a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.

Without limiting section 1270K, the disclosure framework may provide for:

how applications referred to in paragraph (1)(a) are to be made; and

how those applications are to be decided.

1270P Authorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:

the information is protected information; and

the disclosure is authorised by subsection 1270L(3) of this Act.

1270Q Disclosure to a court

A person is not to be required:

unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

to produce to a court any document that:

contains protected information; and

was made or given under, or for the purposes of, this Act; and

iii

was obtained by the person in the course of the person’s official employment; or

to disclose to a court any protected information that the person obtained in the course of the person’s official employment;

1270R Extracts of information to be admissible in evidence 1

is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and

is admissible without any further proof of, or the production of, the original;

if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.

The Registrar may give a person a certified copy of, or extract from, the information held by the Registrar under, or for the purposes of, this Act on payment of the fee (if any) prescribed by rules made under section 1270T.

In any proceedings, the certified copy:

is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act; and

is admissible without any further proof of, or the production of, the original.

(4) This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

1270S Annual report

1270T Rules 1

The Minister may, by legislative instrument, make rules under this section prescribing matters:

required or permitted by this Division to be prescribed by rules made under this section; or

necessary or convenient to be prescribed for carrying out or giving effect to this Division.

To avoid doubt, rules made under this section may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

11 After section 1274

Insert:

12 After subsection 1317B(1)

Insert:

Subject to this Part, applications may also be made to the Tribunal for review of a decision made by the Registrar under the data standards or disclosure framework.

13 After paragraph 1317C(gf)

Insert:

National Consumer Credit Protection Act 2009

a decision by the Registrar to make, amend or repeal data standards under section 1270G; or

a decision by the Registrar to make, amend or repeal the disclosure framework under section 1270K; or

14 Subsection 5(1)

Insert:

Australian business law means 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.

Commonwealth body means:

data standards means standards made by the Registrar under section 212H.

designated secrecy provision has the meaning given by subsection 212N(3).

disclosure framework means the disclosure framework made by the Registrar under section 212L.

government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

official employment means:

protected information means information:

in connection with particular functions or powers of the Registrar.

Registrar has the meaning given by section 16B.

secrecy provision has the meaning given by subsection 212N(2).

taxation law has the same meaning as in the Income Tax Assessment Act 1997.

(a) an Agency (within the meaning of the Public Service Act 1999); or

a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or

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.

appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or

the exercise of powers or performance of functions under a delegation by the Registrar.

obtained by a person in the course of the person’s official employment; and

disclosed to the person or another person, or obtained by the person or another person:

under, or in relation to, this Act; or

under another law of the Commonwealth;

15 At the end of Division 4 of Part 1-2

Add:

16B Meaning of Registrar

A reference in this Act to the Registrar is a reference to:

if only one Commonwealth body is appointed as Registrar under section 212A—that body; or

if more than one Commonwealth body is appointed under that section:

if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or

otherwise—any of the Commonwealth bodies appointed under that section.

16 Part 5-1 (heading)

Repeal the heading, substitute:

17 Section 212

Repeal the section, substitute:

212 Guide to this Part

This Part provides for the Registrar’s role under this Act.

The Minister appoints an existing Commonwealth body to be the Registrar. The Minister can give directions to the Registrar.

The Registrar performs functions and exercises 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 such matters as how information is given to the Registrar (including electronically).

Information that the Registrar has can be disclosed to government agencies for the performance of their functions. Other disclosures (such as by public access to information) are dealt with by the disclosure framework, which is a disallowable instrument made by the Registrar.

Certain decisions made by the Registrar are reviewable by the Administrative Appeals Tribunal.

This Part also set out the Registrar’s obligation to record information relating to credit activities.

18 After Division 1 of Part 5-1

Insert:

Subdivision A—The Registrar

212A Appointment of the Registrar 1

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.

The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

212B Functions

The Registrar’s functions are:

such functions as are conferred on the Registrar by or under this Act; and

such functions as are prescribed by rules made for the purposes of this paragraph under section 212U; and

such functions as are incidental to the functions mentioned in paragraph (a) or (b).

212C Powers

The Registrar’s powers include:

such powers as are conferred:

on the Registrar in relation to the functions mentioned in section 212B; and

by or under this Act; and

the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

212D Directions by Minister 1

The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.

Without limiting subsection (1), a direction under that subsection may relate to any of the following:

matters to be dealt with in the data standards or disclosure framework;

consultation processes to be followed prior to making data standards or the disclosure framework.

A direction under subsection (1) must be of a general nature only.

The Registrar must comply with a direction under subsection (1).

212E Delegation 1

The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act (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 a law of the Commonwealth; or

any person of a kind specified in rules made under section 212U.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

212F Assisted decision making 1

A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.

212G Liability for damages

None of the following:

Subdivision B—How the Registrar is to perform and exercise functions and powers

the Minister;

the Registrar;

if the Registrar is a Commonwealth body that has members—a member of the Registrar;

a member of the staff of the Registrar;

a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;

a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;

212H Data standards 1

The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act.

Without limiting subsection (1), the data standards may provide for any of 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 under this Act;

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;

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;

integrating or linking information held by the Registrar.

Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have data standards that would apply to those functions or powers;

212J Giving information to the Registrar 1

Without limiting the Registrar in electronic form, or any other specified form.section 212H, the data standards may provide that information is to be given to

A requirement under this Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:

that the information is to be “lodged” or “furnished”; and

that the information is to be “written” or “in writing”; and

that a “copy” of a document containing the information is to be provided;

is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

212K How the Registrar is to perform and exercise functions and powers 1

The Registrar must perform its functions and exercise its powers under this Act in accordance with:

the data standards; or

This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

212L Disclosure framework 1

The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.

Without limiting subsection (1), the disclosure framework may provide for any of the following:

circumstances in which information must not be disclosed without the consent of the person to whom it relates;

circumstances in which de-identified information may be disclosed;

circumstances in which information may be disclosed to the general public;

circumstances in which confidentiality agreements are required for the disclosure of information;

imposing conditions on disclosure of information.

Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act.

A person commits an offence if:

the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and

the person fails to comply with the confidentiality agreement.

Penalty: 100 penalty units or imprisonment for 2 years, or both.

However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 212D.

If:

(a) a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and

immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and

the new Registrar does not have a disclosure framework that would apply to those functions or powers;

212M Protection of confidentiality of protected information 1

(1) A person (the first person) commits an offence if:

the first person is, or has been, in official employment; and

the first person makes a record of information, or discloses information to another person; and

the information is protected information that was obtained by the first person in the course of the first person’s official employment.

Penalty: Imprisonment for 2 years.

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

However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

The recording or disclosure is authorised by this subsection if:

the recording or disclosure is for the purposes of this Part; or

the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or

in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:

is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and

is in accordance with an agreement, about regulating the provision of credit, between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; or

in the case of a disclosure—each person to whom the information relates consents to the disclosure; or

in the case of a disclosure—the disclosure is in accordance with the disclosure framework.

212N Authorisation of recording or disclosure 1

A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 212M(3), unless the secrecy provision is a designated secrecy provision.

(2) A secrecy provision is a provision that:

is a provision of a law of the Commonwealth (other than this Act); and

prohibits or regulates the use or disclosure of information.

(3) A designated secrecy provision is any of the following:

(a) sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;

(b) Inspector-General of Intelligence and Security Act 1986;section 34 of the

(d) Taxation Administration Act 1953;section 8WB of the

a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 212U;

a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 212U.

212P Preventing disclosure of particular protected information 1

If:

a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and

the Registrar is satisfied that it is not appropriate to disclose that information;

a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.

Without limiting section 212L, the disclosure framework may provide for:

how applications referred to in paragraph (1)(a) are to be made; and

how those applications are to be decided.

212Q Authorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:

the information is protected information; and

the disclosure is authorised by subsection 212M(3) of this Act.

212R Disclosure to a court

A person is not to be required:

unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

to produce to a court any document that:

contains protected information; and

was made or given under, or for the purposes of, this Act; and

iii

was obtained by the person in the course of the person’s official employment; or

to disclose to a court any protected information that the person obtained in the course of the person’s official employment;

212S Extracts of information to be admissible in evidence 1

is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and

is admissible without any further proof of, or the production of, the original;

if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.

In any proceedings, the certified copy:

is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act; and

is admissible without any further proof of, or the production of, the original.

(4) This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

212T Annual report

212U Rules 1

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Part to be prescribed by rules made under this section; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

To avoid doubt, rules made under this section may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

19 After subsection 327(1)

Insert:

(1A) An application may also be made to the Administrative Appeals Tribunal for review of a decision (within the meaning of the Administrative Appeals Tribunal Act 1975) made by the Registrar under the data standards or disclosure framework.

1465 Definitions 1

In this Part:

amending item means:

application day, for an amendment made by an amending item, as applying in relation to a matter, means the day on and after which the amendment applies in relation to that matter because of item 1467.

commencement day, for an amending item, means the day on which the item commences (taking into account Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022).

interim period means the period:

postponed item means any of the following that commenced on 22 June 2022 (disregarding Part 1 of Schedule 4 to the Treasury Laws Amendment (2022 Measures No. 1) Act 2022):

Note Item 103 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 is not covered by paragraph (a) because that item commenced on 4 April 2021.

an item (other than item 103) of Part 2 of this Schedule that amends a provision of any of the following:

(i) the A New Tax System (Australian Business Number) Act 1999;

(ii) the A New Tax System (Goods and Services Tax) Act 1999;

iii

(iii) the Australian Prudential Regulation Authority Act 1998;

(iv) the Income Tax Assessment Act 1997;

(v) the Superannuation Industry (Supervision) Act 1993;

(vi) the Taxation Administration Act 1953; or

an item specified under subitem (2).

starting at the start of 22 June 2022; and

(b) ending at the end of the day before the day on which Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences.Part 2 of Schedule 4 to the

(a) an item of Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020;Part 2 of Schedule 1 to the

(b) an item of Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021;Part 3 of Schedule 1 to the

(2) For the purposes of paragraph (b) of the definition of amending item in subitem (1), the Minister may, by legislative instrument, specify items that:

are in a Schedule to any Act and amend a provision that:

is a provision of an Act referred to in paragraph (a) of that definition; and

deals with a matter related to a government registry regime; and

are to commence on a day after the end of the interim period but before 1 July 2026.

For the purposes of subparagraph 1467(1)(c)(i), the Minister may, by legislative instrument, specify a day for an item specified under subitem (2) of this item. The day must occur after the end of the interim period but before 1 July 2026.

1466 Validation of acts or things done during interim period

Object

Validation of acts and things done in interim period

Continuation of delegations

then:

Acts and things to which this item applies

The object of this item is to treat all situations during the interim period in every respect as if:

(a) the amendments made by Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; andPart 1 of Schedule 4 to the

the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

An act or thing that was done at any time during the interim period is as valid, and is taken always to have been as valid, as it would have been if:

(a) the amendments made by Treasury Laws Amendment (2022 Measures No. 1) Act 2022 had been made at the start of 21 June 2022; andPart 1 of Schedule 4 to the

in particular, the amendments made by the postponed items had not been made at the start of 22 June 2022 and had had no effect during the interim period.

Without limiting subitem (2), if:

a function or power conferred by any of the following Acts was delegated to a person:

(i) the A New Tax System (Australian Business Number) Act 1999;

(ii) the A New Tax System (Goods and Services Tax) Act 1999;

iii

(iii) the Australian Prudential Regulation Authority Act 1998;

(iv) the Commonwealth Registers Act 2020;

(v) the Income Tax Assessment Act 1997;

(vi) the Superannuation Industry (Supervision) Act 1993;

vii

(vii) the Taxation Administration Act 1953; and

the delegation was in force immediately before 22 June 2022; and

but for this subitem, the delegation would have ceased to have effect at the start of 22 June 2022 because of any of the amendments made by the postponed items;

an act or thing done by the delegate in the interim period is, and is taken always to have been, as valid a performance or exercise of the function or power as it would have been if the delegation had continued in force throughout the interim period; and

(e) the delegation has effect, on and after the day Treasury Laws Amendment (2022 Measures No. 1) Act 2022 commences, as if it had been made at the time that section commences.section 1 of the

This item applies to an act or thing, regardless of the basis on which, or capacity in which, the act or thing was done or purported to be done.

1467 Application of amendments 1

(1) An amendment of a provision of an Act that is made by an amending item applies, in relation to a matter (the relevant matter), on and after the earliest of the following days:

if the amending item is covered by a notifiable instrument in force under paragraph (2)(a) of this item—the day the instrument specifies for the item;

if the amending item is covered by a notifiable instrument in force under paragraph (2)(b) of this item that specifies matters for the item that include the relevant matter—the day the instrument specifies for the item in relation to those matters;

whichever of the following is applicable:

if a day is specified for the amending item under subitem 1465(3)—that day;

otherwise—1 July 2026.

Note: The provision, as in force immediately before the commencement day for the amending item, will continue to apply in relation to the relevant matter until the day that applies under this subitem.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

The Minister:

may by notifiable instrument specify days for amending items for the purposes of paragraph (1)(a); and

may by notifiable instrument specify days and matters for amending items for the purposes of paragraph (1)(b).

A day specified for an amending item in a notifiable instrument made under subitem (2) must be:

on or after the day that the instrument is made; and

on or after the commencement day for the amending item.

(4) Without limiting subsection 13(3) of the Legislation Act 2003, an instrument made under subitem (2) of this item may specify all amending items as a class of amending items.

1468 Things started but not finished by ASIC

If:

then, on and after that application day:

an amending item amends a provision of an Act; and

before the application day for the amendment made by the amending item, as applying in relation to a matter, ASIC started doing a thing that relates to that matter under the provision as in force immediately before the commencement day for the amending item; and

immediately before that application day, ASIC had not finished doing that thing; and

on and after that application day, doing that thing is within the powers or functions of the Registrar;

ASIC may finish doing that thing as if that thing were being done by the Registrar in performing or exercising the Registrar’s functions or powers; and

to the extent that ASIC does not finish doing that thing under paragraph (e), the Registrar may finish doing that thing in performing and exercising the Registrar’s functions and powers.

Director identification numbers

Corporations (Aboriginal and Torres Strait Islander) Act 2006

1 After paragraph 21-1(3)(e)

Insert:

the person’s director identification number, or the fact that the person does not have a director identification number;

2 After paragraph 22-1(4)(d)

Insert:

the person’s director identification number, or the fact that the person does not have a director identification number;

3 After paragraph 23-1(4)(d)

Insert:

the person’s director identification number, or the fact that the person does not have a director identification number;

4 Subsection 304-5(4)

Repeal the subsection (not including the note), substitute:

The personal details of a person who is a director, alternate director, secretary or contact person are:

the person’s given and family names; and

all of the person’s former given and family names; and

the person’s date and place of birth; and

the person’s address; and

the person’s director identification number, or the fact that the person does not have a director identification number.

5 After Part 6-7

Insert:

308-1 What this Part is about

Directors of Aboriginal and Torres Strait Islander corporations, and possibly other officers, are required to have director identification numbers. The Commonwealth Registrar gives director identification numbers on application from those directors or other officers.

Note: The Commonwealth Registrar is appointed under the Commonwealth Registers Act 2020: see section 694-120 of this Act.

308-5 Giving and cancelling director identification numbers 1

The Commonwealth Registrar must, by notifying a person who has applied under section 308-10, give the person a director identification number if the Commonwealth Registrar is satisfied that the person’s identity has been established.

The Commonwealth Registrar must make a record of the person’s director identification number.

The Commonwealth Registrar may, by notifying a person, cancel the person’s director identification number if:

the Commonwealth Registrar is no longer satisfied that the person’s identity has been established; or

the Commonwealth Registrar has given the person another director identification number.

If:

at the time the person is given a director identification number under this section, the person is not an eligible officer; and

the person does not, within 12 months after that time, become an eligible officer;

the person’s director identification number is taken to have been cancelled at the end of the 12 month period.

308-10 Applying for a director identification number 1

An eligible officer may apply to the Commonwealth Registrar for a director identification number if the officer does not already have a director identification number.

The Commonwealth Registrar may direct an eligible officer to apply to the Commonwealth Registrar for a director identification number (whether or not the officer already has a director identification number).

A person who is not an eligible officer may apply to the Commonwealth Registrar for a director identification number if:

the person intends to become an eligible officer within 12 months after applying; and

the person does not already have a director identification number.

An application for a director identification number must meet any requirements of the data standards.

Note: A person may commit an offence if the person knowingly gives false or misleading information (see Criminal Code).section 561-1 of this Act and section 137.1 of the

308-15 Eligible officers 1

(1) An eligible officer is:

a director of an Aboriginal and Torres Strait Islander corporation who:

is appointed to the position of a 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

but does not include a person covered by a determination under subsection (2) or (3).

any other officer of an Aboriginal and Torres Strait Islander corporation who is an officer of a kind prescribed by the regulations;

(2) The Commonwealth Registrar may determine that a particular person is not an eligible officer. The Commonwealth Registrar must notify the person of the determination.

(3) The Commonwealth Registrar may, by legislative instrument, determine that a class of persons are not eligible officers.

308-20 Requirement to have a director identification number 1

An eligible officer commits an offence if the officer does not have a director identification number.

Penalty: 25 penalty units.

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

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

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

Note 1: This subsection is a civil penalty provision (see section 386-1).

Note 2: Section 694-55 defines involved in.

Subsection (1) does not apply if:

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

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

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

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

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

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

308-25 Requirement to apply for a director identification number 1

An eligible officer commits an offence if:

the Commonwealth Registrar, under subsection 308-10(2), directs the officer to apply for a director identification number; and

the officer does not apply to the Commonwealth Registrar under section 308-10 for a director identification number:

within the application period under subsection (2) of this section; or

within such longer period as the Commonwealth Registrar allows under section 308-30.

Penalty: 25 penalty units.

after the day the Commonwealth Registrar gives the direction.

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

Note 1: This subsection is a civil penalty provision (see section 386-1).

Note 2: Section 694-55 defines involved in.

The application period is the period of:

the number of days specified in the direction; or

if the number of days is not specified in the direction—28 days;

An offence against subsection (1) is an offence of strict liability.

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

308-30 Commonwealth Registrar may extend application periods 1

The Commonwealth Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Commonwealth Registrar under section 308-10 for a director identification number:

the period specified in the application; or

such other period as the Commonwealth Registrar considers reasonable.

Note: An application for an extension of the period for applying can be made, and the period can be extended, after the period has ended: see section 694-50.

The Commonwealth Registrar may, by legislative instrument, allow, for persons included in a specified class of persons, a longer period for applying to the Commonwealth Registrar under section 308-10 for a director identification number.

308-35 Infringement notices 1

Subsections 308-20(1) and 308-25(1) are subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

Relevant chief executive

Matters to be included in an infringement notice

For the purposes of Part 5 of the Regulatory Powers Act, each member of the staff of the Commonwealth Registrar who holds, or is acting in, an office or position that is equivalent to an SES employee is an infringement officer in relation to subsections 308-20(1) and 308-25(1) of this Act.

For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to subsections 308-20(1) and 308-25(1) of this Act is:

(a) the person specified as the relevant chief executive in the Commonwealth Registrar’s instrument of appointment under Commonwealth Registers Act 2020; orsection 6 of the

if there is no person specified—the Commonwealth Registrar.

Subparagraph 104(1)(e)(iii) of the Regulatory Powers Act applies to an infringement notice relating to an alleged contravention of subsection 308-20(1) or 308-25(1) of this Act as if that subparagraph did not require the notice to give details of the place of the contravention.

308-40 Applying for additional director identification numbers 1

A person commits an offence if:

the person applies for a director identification number; and

the person knows that the person already has a director identification number.

Penalty: 100 penalty units or imprisonment for 12 months, or both.

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

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

Note 1: This subsection is a civil penalty provision (see section 386-1).

Note 2: Section 694-55 defines involved in.

Subsection (1) does not apply if the Commonwealth Registrar directed the person under subsection 308-10(2) to make the application.

(3) Subsection (1) does not apply if the person purports to make the application only in relation to Corporations Act 2001.Part 9.1A of the

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

308-45 Misrepresenting director identification numbers 1

A person commits an offence if the person intentionally represents to an Aboriginal and Torres Strait Islander corporation, as the director identification number of the person or another person, a number that is not that director identification number.

Penalty: 100 penalty units or imprisonment for 12 months, or both.

Note 1: This subsection is a civil penalty provision (see section 386-1).

Note 2: Section 694-55 defines involved in.

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

6 After paragraph 386-1(1)(b)

Insert:

subsections 308-20(5), 308-25(4), 308-40(4) and 308-45(2) (director identification numbers);

7 At the end of Division 694

Add:

694-120 Commonwealth Registrar

A reference in this Act to the Commonwealth Registrar is a reference to:

(a) if only one Commonwealth body is appointed under Commonwealth Registers Act 2020—that body; orsection 6 of the

if more than one Commonwealth body is appointed under that section, but only one Commonwealth body is appointed under that section with functions and powers in connection with this Act—the Commonwealth body appointed under that section with those functions and powers; or

if more than one Commonwealth body is appointed under that section, and more than one Commonwealth body is appointed under that section with functions and powers in connection with this Act:

if the reference relates to one or more particular functions or powers—any Commonwealth body appointed with any of those particular functions or powers; or

otherwise—any of the Commonwealth bodies appointed under that section with functions and powers in connection with this Act.

8 Section 700-1

Insert:

Commonwealth body has the same meaning as in the Commonwealth Registers Act 2020.

Commonwealth Registrar has the meaning given by section 694-120.

data standards means standards made by the Registrar under section 13 of the Commonwealth Registers Act 2020 to the extent that they relate to the Registrar’s functions or powers in connection with this Act.

director identification number means a director identification number given under:

eligible officer has the meaning given by section 308-15.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

section 308-5; or

(b) Corporations Act 2001.section 1272 of the

9 Application of amendments 1

(1) The amendments of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 made by this Schedule apply on and after the day (the application day) the Minister appoints, under section 6 of the Commonwealth Registers Act 2020:

a Commonwealth body (within the meaning of that Act) to be the Registrar (within the meaning of that Act); or

(b) if more than one such body is appointed—such a body with functions and powers in connection with Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act.Part 6-7A of the

If a person was an eligible officer immediately before the application day:

(a) if a period (the transitional application period) is specified under subsection (3) of this section—section 308-20 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act applies to the person as if:

the reference in subparagraph 308-20(2)(a)(ii) of that Act as so amended to an application period specified by regulations were instead a reference to the transitional application period; and

(ii) references in paragraph 308-20(2)(a) of that Act as so amended to the day the person first became an eligible officer (or an eligible officer within the meaning of the Corporations Act 2001) were instead references to the day the transitional application period came into effect; and

until the transitional application period comes into effect—section 308-20 of that Act as so amended does not apply to the person.

The Minister may, by legislative instrument, specify the transitional application period for the purposes of subsection (2).

If a person:

was not an eligible officer immediately before the application day; and

becomes an eligible officer within the 12 month period starting on the application day;

Corporations (Aboriginal and Torres Strait Islander) Act 2006 as amended by this Act applies to the person as if a period of 28 days were the application period specified in regulations made for the purposes of subparagraph 308-20(2)(a)(ii) of that Act as so amended.section 308-20 of the

Corporations Act 2001

10 Section 9

Insert:

director identification number means a director identification number given under:

eligible officer has the meaning given by section 1272B.

section 1272; or

(b) Corporations (Aboriginal and Torres Strait Islander) Act 2006.section 308-5 of the

11 Before Part 9.1

Insert:

1272 Giving and cancelling director identification numbers 1

The Registrar must, by notifying a person who has applied under section 1272A, give the person a director identification number if the Registrar is satisfied that the person’s identity has been established.

The Registrar must make a record of the person’s director identification number.

The Registrar may, by notifying a person, cancel the person’s director identification number if:

the Registrar is no longer satisfied that the person’s identity has been established; or

the Registrar has given the person another director identification number.

If:

at the time the person is given a director identification number under this section, the person is not an eligible officer; and

the person does not, within 12 months after that time, become an eligible officer;

the person’s director identification number is taken to have been cancelled at the end of the 12 month period.

1272A Applying for a director identification number 1

An eligible officer may apply to the Registrar for a director identification number if the officer does not already have a director identification number.

The Registrar may direct an eligible officer to apply to the Registrar for a director identification number (whether or not the officer already has a director identification number).

A person who is not an eligible officer may apply to the Registrar for a director identification number if:

the person intends to become an eligible officer within 12 months after applying; and

the person does not already have a director identification number.

An application for a director identification number must meet any requirements of the data standards.

Note: A person may commit an offence if the person knowingly gives false or misleading information (see Criminal Code).section 1308 of this Act and section 137.1 of the

1272B Eligible officers 1

(1) An eligible officer is:

a director of a company, or of a body corporate that is a registered Australian body or registered foreign company, who:

is appointed to the position of a 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

but does not include a person covered by a determination under subsection (2) or (3).

any other officer of a company, or of a body corporate that is a registered Australian body or registered foreign company, who is an officer of a kind prescribed by the regulations;

(2) The Registrar may determine that a particular person is not an eligible officer. The Registrar must notify the person of the determination.

(3) The Registrar may, by legislative instrument, determine that a class of persons are not eligible officers.

1272C Requirement to have a director identification number 1

An eligible officer must have a director identification number.

Subsection (1) does not apply if:

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

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

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.

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

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

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

Note 2: Section 79 defines involved.

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

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

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

1272D Requirement to apply for a director identification number 1

An eligible officer whom the Registrar has directed under subsection 1272A(2) to apply for a director identification number must apply to the Registrar under section 1272A for a director identification number:

within the application period under subsection (2) of this section; or

within such longer period as the Registrar allows under section 1272E.

The application period is the period of:

the number of days specified in the direction; or

if the number of days is not specified in the direction—28 days;

after the day the Registrar gives the direction.

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

Note 1: Subsection (3) is a civil penalty provision (see section 1317E).

Note 2: Section 79 defines involved.

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

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

1272E Registrar may extend application periods 1

The Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Registrar under section 1272A for a director identification number:

the period specified in the application; or

such other period as the Registrar considers reasonable.

Note: An application for an extension of the period for applying can be made, and the period can be extended, after the period has ended: see section 70.

The Registrar may, by legislative instrument, allow, for persons included in a specified class of persons, a longer period for applying to the Registrar under section 1272A for a director identification number.

1272F Infringement notices 1

Subsections 1272C(1) and 1272D(1) are subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

Relevant chief executive

Matters to be included in an infringement notice

For the purposes of Part 5 of the Regulatory Powers Act, 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 is an infringement officer in relation to subsections 1272C(1) and 1272D(1) of this Act.

For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to subsections 1272C(1) and 1272D(1) of this Act is:

the person specified as the relevant chief executive in the Registrar’s instrument of appointment under section 1270; or

if there is no person specified—the Registrar.

Subparagraph 104(1)(e)(iii) of the Regulatory Powers Act applies to an infringement notice relating to a contravention of subsection 1272C(1) or 1272D(1) of this Act as if that subparagraph did not require the notice to give details of the place of the contravention.

1272G Applying for additional director identification numbers 1

A person must not apply for a director identification number if the person knows that the person already has a director identification number.

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

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

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

Note 1: Subsection (4) is a civil penalty provision (see section 1317E).

Note 2: Section 79 defines involved.

Subsection (1) does not apply if the Registrar directed the person under subsection 1272A(2) to make the application.

(3) Subsection (1) does not apply if the person purports to make the application only in relation to Corporations (Aboriginal and Torres Strait Islander) Act 2006.Part 6-7A of the

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

1272H Misrepresenting director identification numbers 1

A person must not intentionally represent to a Commonwealth body, company or registered body, as the director identification number of the person or another person, a number that is not that director identification number.

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

Note 1: Subsection (2) is a civil penalty provision (see section 1317E).

Note 2: Section 79 defines involved.

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

12 In the appropriate position in subsection 1317E(3)

Insert:

13 In the appropriate position in Chapter 10

Insert:

1653 Director identification numbers 1

(1) application day) the Minister appoints, under section 1270:Part 9.1A applies on and after the day (the

a Commonwealth body to be the Registrar; or

if more than one such body is appointed—such a body with functions and powers in connection with Part 9.1A.

If a person was an eligible officer immediately before the application day:

(a) if a period (the transitional application period) is specified under subsection (3) of this section—section 1272C applies to the person as if:

the reference in subparagraph 1272C(2)(a)(ii) to an application period specified by regulations were instead a reference to the transitional application period; and

(ii) references in paragraph 1272C(2)(a) to the day the person first became an eligible officer (or an eligible officer within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006) were instead references to the day the transitional application period came into effect; and

until the transitional application period comes into effect—section 1272C does not apply to the person.

The Minister may, by legislative instrument, specify the transitional application period for the purposes of subsection (2).

If a person:

was not an eligible officer immediately before the application day; and

becomes an eligible officer within the 12 month period starting on the application day;

section 1272C applies to the person as if a period of 28 days were the application period specified in regulations made for the purposes of paragraph 1272C(2)(b).

14 In the appropriate position in Schedule 3

Insert:

Income Tax Assessment Act 1936

15 At the end of section 202

Add:

; and (u) to facilitate the administration of Corporations Act 2001 and Part 6-7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.Part 9.1A of the

Taxation Administration Act 1953

16 Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)

Omit “or (t)”, substitute “, (t) or (u)”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history