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 308-20
REQUIREMENT TO HAVE A DIRECTOR IDENTIFICATION NUMBER
308-20(1)
An eligible officer commits an offence if the officer does not have a director identification number.
Penalty: 25 penalty units.
308-20(2)
Subsection
(1)
does not apply if:
(a)
the officer applied to the Commonwealth Registrar under section
308-10
for a director identification number:
(i)
before the day the officer first became an eligible officer (or an eligible officer within the meaning of the
Corporations Act 2001
); or
(ii)
if the regulations specify an application period
-
within that period, starting at the start of that day; or
(iii)
within the longer period (if any) the Commonwealth Registrar allows under section
308-30
, starting at the start of that day; and
(b)
the application, and any reviews arising out of it, have not been finally determined or otherwise disposed of.
Note:
A defendant bears an evidential burden in relation to the matters in subsection
(2)
: see subsection
13.3(3)
of the
Criminal Code
.
308-20(3)
Subsection
(1)
does not apply if the officer became an eligible officer without the officer
'
s knowledge.
Note:
A defendant bears an evidential burden in relation to the matter in subsection
(3)
: see subsection
13.3(3)
of the
Criminal Code
.
308-20(4)
An offence based on subsection
(1)
is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
308-20(5)
A person who contravenes, or is involved in a contravention of, subsection
(1)
contravenes this subsection.
Note 1:
This subsection is a civil penalty provision (see section
386-1
).
Note 2:
Section
694-55
defines
involved in
.
History
S 308-20 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.