CHAPTER 6
-
OFFICERS
PART 6-7A
-
DIRECTOR IDENTIFICATION NUMBERS
History
Pt 6-7A inserted by No 69 of 2020, s 3 and Sch 2 item 5, effective 4 April 2021. No 69 of 2020, s 3 and Sch 2 item 9 contain the following application provisions:
9 Application of amendments
(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)
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 Part
6-7A
of the
Corporations (Aboriginal and Torres Strait Islander) Act 2006
as amended by this Act.
(2)
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:
(i)
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
(b)
until the transitional application period comes into effect
-
section
308-20
of that Act as so amended does not apply to the person.
(3)
The Minister may, by legislative instrument, specify the transitional application period for the purposes of subsection (2).
(4)
If a person:
(a)
was not an eligible officer immediately before the application day; and
(b)
becomes an eligible officer within the 12 month period starting on the application day;
section
308-20
of the
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 308-35
INFRINGEMENT NOTICES
308-35(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
308-35(2)
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
.
Relevant chief executive
308-35(3)
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 section 6 of the
Commonwealth Registers Act 2020
; or
(b)
if there is no person specified
-
the Commonwealth Registrar.
Matters to be included in an infringement notice
308-35(4)
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.
History
S 308-35 inserted by No 69 of 2020, s 3 and Sch 2 item 5, effective 4 April 2021. For application provisions, see note under Part
6-7A
heading.