Corporations Act 2001

CHAPTER 6C - INFORMATION ABOUT OWNERSHIP OF LISTED COMPANIES, LISTED REGISTERED SCHEMES AND LISTED NOTIFIED FOREIGN PASSPORT FUNDS  

PART 6C.2 - TRACING BENEFICIAL OWNERSHIP OF SHARES  

SECTION 672DA   REGISTER OF INFORMATION ABOUT RELEVANT INTERESTS IN LISTED COMPANY, LISTED REGISTERED SCHEME OR LISTED NOTIFIED FOREIGN PASSPORT FUND  

672DA(1)    

A listed company, the responsible entity for a listed registered scheme or the operator of a listed notified foreign passport fund, must keep a register of the following information that it receives under this Part on or after 1 January 2005 (whether the information is received pursuant to a direction the company, the responsible entity or the operator itself gives under section 672A or is received from ASIC under section 672C ):

(a)    details of the nature and extent of a person ' s relevant interest in shares in the company, interests in the scheme or interests in the fund;

(b)    details of the circumstances that give rise to a person ' s relevant interest in shares in the company, interests in the scheme or interests in the fund;

(c)    the name and address of a person who has a relevant interest in shares in the company, interests in the scheme or interests in the fund;

(d)    details of instructions that a person has given about:

(i) the acquisition or disposal of shares in the company, interests in the scheme or interests in the fund; or

(ii) the exercise of any voting or other rights attached to shares in the company, interests in the scheme or interests in the fund; or

(iii) any other matter relating to shares in the company, interests in the scheme or interests in the fund;

(e)    the name and address of a person who has given instructions of the kind referred to in paragraph (d).

The register must be kept in accordance with this section.

672DA(2)    
A register kept under this section by a listed company must be kept at:

(a)    the company ' s registered office; or

(b)    the company ' s principal place of business in this jurisdiction; or

(c)    a place in this jurisdiction (whether or not an office of the company) where the work involved in maintaining the register is done; or

(d)    another place in this jurisdiction approved by ASIC.

672DA(3)    

A register kept under this section by the responsible entity of a listed registered scheme must be kept at:

(a)    the responsible entity ' s registered office; or

(b)    the responsible entity ' s principal place of business in this jurisdiction; or

(c)    a place in this jurisdiction (whether or not an office of the responsible entity) where the work involved in maintaining the register is done; or

(d)    another place in this jurisdiction approved by ASIC.

672DA(3A)    
A register kept under this section by the operator of a listed notified foreign passport fund must be kept at:

(a)    the operator ' s registered office; or

(b)    the operator ' s principal place of business in this jurisdiction; or

(c)    a place in this jurisdiction (whether or not an office of the operator) where the work involved in maintaining the register is done; or

(d)    another place in this jurisdiction approved by ASIC.

672DA(4)    

The company, responsible entity or operator must lodge with ASIC a notice of the address at which the register is kept within 7 days after the register is:

(a)    established at a place that:

(i) is not the registered office of the company, responsible entity or operator; and

(ii) is not at the principal place of business of the company, responsible entity or operator in this jurisdiction; or

(b)    moved from one place to another.

Notice is not required for moving the register between the registered office and the principal place of business in this jurisdiction.

Note: The obligation to notify ASIC under this subsection is a continuing obligation and the company, responsible entity or operator is guilty of an offence for each day, after the 7 day period, until ASIC is notified (see section 4K of the Crimes Act 1914 ).

672DA(5)    

An offence based on subsection (2) , (3) , (3A) or (4) is an offence of strict liability.

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

672DA(6)    
The register must either contain:

(a)    

the name of each holder of shares in the company, interests in the scheme or interests in the fund to whom the information relates; and

(b)    

against the name of each such holder:

(i) the name and address of each other person (if any) who, according to information the company responsible entity or operator has received under this Part on or after 1 January 2005, has a relevant interest in any of the shares or interests (together with details of the relevant interest and of the circumstances because of which the other person has the relevant interest); and

(ii) the name and address of each person who, according to information received by the company responsible entity or operator under this Part on or after 1 January 2005, has given relevant instructions in relation to any of the shares or interests (together with details of those relevant instructions); and

(c)    in relation to each item of information entered in the register, the date on which the item was entered in the register;

or be in such other form as ASIC approves in writing.

672DA(7)    

The register must be open for inspection:

(a)    by any member of the company, scheme or fund - without charge; and

(b)    by any other person:

(i) if the company, responsible entity or operator requires the payment of a fee for the inspection - on payment of the fee; or

(ii) if the company, responsible entity or operator does not require the payment of a fee for the inspection - without charge.

The amount of the fee required by the company, responsible entity or operator under subparagraph (b)(i) must not exceed the amount prescribed by the regulations for the purposes of this subsection.

672DA(8)    

A person may request the company, responsible entity or operator to give to the person a copy of the register (or any part of the register) and, if such a request is made, the company, responsible entity or operator must give the person the copy:

(a)    if the company, responsible entity or operator requires payment of a fee for the copy:

(i) before the end of 21 days after the day on which the payment of the fee is received by the company, responsible entity or operator; or

(ii) within such longer period as ASIC approves in writing; or

(b)    if the company, responsible entity or operator does not require payment of a fee for the copy:

(i) before the end of 21 days after the day on which the request is made; or

(ii) within such longer period as ASIC approves in writing.

The amount of the fee required by the company, responsible entity or operator under paragraph (a) must not exceed the amount prescribed by the regulations for the purposes of this subsection.

Note: The obligation to give the copy under this subsection is a continuing obligation and the company, responsible entity or operator is guilty of an offence for each day, after the period referred to in paragraph (a) or (b), until the copy is given (see section 4K of the Crimes Act 1914 ).

672DA(9)    

The information that subsection (6) requires to be entered in the register must be entered in the register by the company, responsible entity or operator before the end of 2 business days after the day on which the company, responsible entity or operator receives the information.

Note: The obligation to enter the details in the register under this subsection is a continuing obligation and the company, responsible entity or operator is guilty of an offence for each day, after the 2 business day period, until the details are entered in the register (see section 4K of the Crimes Act 1914 ).