Corporations (Aboriginal and Torres Strait Islander) Act 2006

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

View history reference

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 .

View history note

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