Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (69 of 2020)

Schedule 2   Director identification numbers

Corporations (Aboriginal and Torres Strait Islander) Act 2006

5   After Part 6-7

Insert:

Part 6-7A - Director identification numbers

308-1 What this Part is about

Directors of Aboriginal and Torres Strait Islander corporations, and possibly other officers, are required to have director identification numbers. The Commonwealth Registrar gives director identification numbers on application from those directors or other officers.

Note: The Commonwealth Registrar is appointed under the Commonwealth Registers Act 2020: see section 694-120 of this Act.

308-5 Giving and cancelling director identification numbers

(1) The Commonwealth Registrar must, by notifying a person who has applied under section 308-10, give the person a director identification number if the Commonwealth Registrar is satisfied that the person's identity has been established.

(2) The Commonwealth Registrar must make a record of the person's director identification number.

(3) The Commonwealth Registrar may, by notifying a person, cancel the person's director identification number if:

(a) the Commonwealth Registrar is no longer satisfied that the person's identity has been established; or

(b) the Commonwealth Registrar has given the person another director identification number.

(4) If:

(a) at the time the person is given a director identification number under this section, the person is not an eligible officer; and

(b) the person does not, within 12 months after that time, become an eligible officer;

the person's director identification number is taken to have been cancelled at the end of the 12 month period.

308-10 Applying for a director identification number

(1) An eligible officer may apply to the Commonwealth Registrar for a director identification number if the officer does not already have a director identification number.

(2) The Commonwealth Registrar may direct an eligible officer to apply to the Commonwealth Registrar for a director identification number (whether or not the officer already has a director identification number).

(3) A person who is not an eligible officer may apply to the Commonwealth Registrar for a director identification number if:

(a) the person intends to become an eligible officer within 12 months after applying; and

(b) the person does not already have a director identification number.

(4) An application for a director identification number must meet any requirements of the data standards.

Note: A person may commit an offence if the person knowingly gives false or misleading information (see section 561-1 of this Act and section 137.1 of the Criminal Code).

308-15 Eligible officers

(1) An eligible officer is:

(a) a director of an Aboriginal and Torres Strait Islander corporation who:

(i) is appointed to the position of a director; or

(ii) is appointed to the position of an alternate director and is acting in that capacity;

regardless of the name that is given to that position; or

(b) any other officer of an Aboriginal and Torres Strait Islander corporation who is an officer of a kind prescribed by the regulations;

but does not include a person covered by a determination under subsection (2) or (3).

(2) The Commonwealth Registrar may determine that a particular person is not an eligible officer . The Commonwealth Registrar must notify the person of the determination.

(3) The Commonwealth Registrar may, by legislative instrument, determine that a class of persons are not eligible officers .

308-20 Requirement to have a director identification number

(1) An eligible officer commits an offence if the officer does not have a director identification number.

Penalty: 25 penalty units.

(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.

(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.

(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.

(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 .

308-25 Requirement to apply for a director identification number

(1) An eligible officer commits an offence if:

(a) the Commonwealth Registrar, under subsection 308-10(2), directs the officer to apply for a director identification number; and

(b) the officer does not apply to the Commonwealth Registrar under section 308-10 for a director identification number:

(i) within the application period under subsection (2) of this section; or

(ii) within such longer period as the Commonwealth Registrar allows under section 308-30.

Penalty: 25 penalty units.

(2) The application period is the period of:

(a) the number of days specified in the direction; or

(b) if the number of days is not specified in the direction - 28 days;

after the day the Commonwealth Registrar gives the direction.

(3) An offence against subsection (1) is an offence of strict liability.

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

(4) 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 .

308-30 Commonwealth Registrar may extend application periods

(1) The Commonwealth Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Commonwealth Registrar under section 308-10 for a director identification number:

(a) the period specified in the application; or

(b) such other period as the Commonwealth Registrar considers reasonable.

Note: An application for an extension of the period for applying can be made, and the period can be extended, after the period has ended: see section 694-50.

(2) The Commonwealth Registrar may, by legislative instrument, allow, for persons included in a specified class of persons, a longer period for applying to the Commonwealth Registrar under section 308-10 for a director identification number.

308-35 Infringement notices

(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

(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

(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

(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.

308-40 Applying for additional director identification numbers

(1) A person commits an offence if:

(a) the person applies for a director identification number; and

(b) the person knows that the person already has a director identification number.

Penalty: 100 penalty units or imprisonment for 12 months, or both.

(2) Subsection (1) does not apply if the Commonwealth Registrar directed the person under subsection 308-10(2) to make the application.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) Subsection (1) does not apply if the person purports to make the application only in relation to Part 9.1A of the Corporations Act 2001.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

(4) 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 .

308-45 Misrepresenting director identification numbers

(1) A person commits an offence if the person intentionally represents to an Aboriginal and Torres Strait Islander corporation, as the director identification number of the person or another person, a number that is not that director identification number.

Penalty: 100 penalty units or imprisonment for 12 months, or both.

(2) 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 .