Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-7A - DIRECTOR IDENTIFICATION NUMBERS  

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 .





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