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

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

No. 69, 2020

Compilation No. 3

Compilation date: 10 August 2022

Includes amendments up to: Act No. 35, 2022

Registered: 25 August 2022

About this compilation

This compilation

This is a compilation of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 that shows the text of the law as amended and in force on 10 August 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to amend the law relating to corporations, business names registration and consumer credit and to deal with consequential matters relating to the enactment of the Commonwealth Registers Act 2020, and for related purposes

1Short title

This Act is the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	22 June 2020
2. Schedule 1, items 1 to 1258	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2026, they commence on that day.	Items 1‑19, 103: 4 April 2021 (F2021N00065)
3. Schedule 1, items 1259 and 1260	At the same time as the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 3 to the Treasury Laws Amendment (Strengthening Financial Regulators No. 1) Act 2019 commences before or on the same day as the provisions covered by table item 2.	Never commenced
4. Schedule 1, item 1261	The day after the Treasury Laws Amendment (2021 Measures No. 5)Act 2021 receives the Royal Assent.	8 December 2021
5. Schedule 1, items 1262 to 1467	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2026, they commence on that day.
6. Schedule 2	A day or days to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 24 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	4 April 2021 (F2021N00065)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments relating to the Registrar

Part 1Main amendments

Business Names Registration Act 2011

Section 3

Insert:
Australian business law means a law of the Commonwealth, or of a State or Territory, that is a law that regulates, or relates to the regulation of, business or persons engaged in business.
Commonwealth body means:
(a)
an Agency (within the meaning of the Public Service Act 1999); or
(b)
a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or
(c)
a person:
(i)
holding or performing the duties of an office established by or under a law of the Commonwealth; or
(ii)
holding an appointment made under a law of the Commonwealth.
data standards means standards made by the Registrar under section 62H.
designated secrecy provision has the meaning given by subsection 62N(3).
disclosure framework means the disclosure framework made by the Registrar under section 62L.
government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
official employment means:
(a)
appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or
(b)
the exercise of powers or performance of functions under a delegation by the Registrar.
protected information means information:
(a)
obtained by a person in the course of the person’s official employment; and
(b)
disclosed to the person or another person, or obtained by the person or another person:
(i)
under, or in relation to, this Act or the Transitional Act; or
(ii)
under another law of the Commonwealth;
in connection with particular functions or powers of the Registrar.
Registrar has the meaning given by section 6A.
secrecy provision has the meaning given by subsection 62N(2).
taxation law has the same meaning as in the Income Tax Assessment Act 1997.

After section 6

Insert:

6AMeaning of Registrar

A reference in this Act to the Registrar is a reference to:
(a)
if only one Commonwealth body is appointed as Registrar under section 62A—that body; or
(b)
if more than one Commonwealth body is appointed under that section with functions and powers in connection with this Act or the Transitional Act:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section.

Section 56

Before “A decision”, insert “(1)”.

At the end of section 56

Add:
(2)
A decision by the Registrar under a provision of the data standards or the disclosure framework is reviewable on the application of an entity whose interests are affected by the decision.

Before section 63

Insert:

Division 1—Matters relating to handling records and information

Subdivision A—The Registrar

62AAppointment of the Registrar

(1)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.
(2)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

62BFunctions

The Registrar’s functions are:
(a)
such functions as are conferred on the Registrar by or under this Act or the Transitional Act; and
(b)
such functions as are prescribed by rules made for the purposes of this paragraph under section 62U; and
(c)
such functions as are incidental to the functions mentioned in paragraph (a) or (b).

62CPowers

The Registrar’s powers include:
(a)
such powers as are conferred:
(i)
on the Registrar in relation to the functions mentioned in section 62B; and
(ii)
by or under this Act or the Transitional Act; and
(b)
the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

62DDirections by Minister

(1)
The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2)
Without limiting subsection (1), a direction under that subsection may relate to any of the following:
(a)
matters to be dealt with in the data standards or disclosure framework;
(b)
consultation processes to be followed prior to making data standards or the disclosure framework.
(3)
A direction under subsection (1) must be of a general nature only.
(4)
Subsection (3) does not prevent a direction under subsection (1) from relating to a particular matter to be dealt with in the data standards or disclosure framework. However, the direction must not direct the Registrar how to apply the data standards or disclosure framework in a particular case.
(5)
The Registrar must comply with a direction under subsection (1).

62EDelegation

(1)
The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act or the Transitional Act (other than the power to make data standards or the disclosure framework) to:
(a)
any person to whom it may delegate any of its other functions, as a Commonwealth body, under a law of the Commonwealth; or
(b)
any person of a kind specified in rules made under section 62U.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

62FAssisted decision making

(1)
The Registrar may arrange for the use, under the Registrar’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which the Registrar may make decisions in the performance or exercise of the Registrar’s functions or powers under this Act or the Transitional Act, other than decisions reviewing other decisions.
(2)
A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.
(3)
The Registrar may substitute a decision for a decision (the initial decision) the making of which is assisted by the operation of such a process under an arrangement under subsection (1) if the Registrar is satisfied that the initial decision is incorrect.

62GLiability for damages

None of the following:
(a)
the Registrar;
(b)
if the Registrar is a Commonwealth body that has members—a member of the Registrar;
(c)
a member of the staff of the Registrar;
(d)
a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;
(e)
a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;
(f)
an APS employee, or an officer or employee of a Commonwealth body, whose services are made available to the Registrar in connection with the performance or exercise of any of the Registrar’s functions or powers;
is liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Division.

Subdivision B—How the Registrar is to perform and exercise functions and powers

62HData standards

(1)
The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act or the Transitional Act.
(2)
Without limiting subsection (1), the data standards may provide for any of the following:
(a)
what information may be collected for the purposes of the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act or the Transitional Act;
(b)
how such information may be collected;
(c)
the manner and form in which such information is given to the Registrar;
(d)
when information is to be given to the Registrar;
(e)
how information held by the Registrar is to be authenticated, verified or validated;
(f)
how information held by the Registrar is to be stored;
(g)
correction of information held by the Registrar;
(h)
the manner and form of communication between the Registrar and persons who give information to the Registrar or seek to access information held by the Registrar;
(i)
integrating or linking information held by the Registrar.
(3)
Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.
(4)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act or the Transitional Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have data standards that would apply to those functions or powers;
any data standards applying to those functions or powers immediately before that appointment continue to apply until the new Registrar makes data standards that apply to those functions or powers, or amends its existing data standards to apply to those functions or powers.

62JGiving information to the Registrar

(1)
Without limiting section 62H, the data standards may provide that information is to be given to the Registrar in electronic form, or any other specified form.
(2)
A requirement under this Act or the Transitional Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:
(a)
that the information is to be “lodged” or “furnished”; and
(b)
that the information is to be “written” or “in writing”; and
(c)
that a “copy” of a document containing the information is to be provided;
is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

62KHow the Registrar is to perform and exercise functions and powers

(1)
The Registrar must perform its functions and exercise its powers under this Act or the Transitional Act in accordance with:
(a)
the data standards; or
(b)
if there are no data standards that apply to particular functions or powers—any requirement relating to those functions or powers as in force immediately before those functions or powers became functions or powers of the Registrar.
(2)
This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

62LDisclosure framework

(1)
The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.
(2)
Without limiting subsection (1), the disclosure framework may provide for any of the following:
(a)
circumstances in which information must not be disclosed without the consent of the person to whom it relates;
(b)
circumstances in which de‑identified information may be disclosed;
(c)
circumstances in which information may be disclosed to the general public;
(d)
circumstances in which confidentiality agreements are required for the disclosure of information;
(e)
imposing conditions on disclosure of information.
(3)
Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act or the Transitional Act.
(4)
A person commits an offence if:
(a)
the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and
(b)
the person fails to comply with the confidentiality agreement.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
(5)
The disclosure framework must not provide for disclosure of protected information unless the Registrar is satisfied that the benefits of the disclosure would outweigh the risks of the disclosure (taking into account any mitigation of those risks in accordance with the disclosure framework).
(6)
However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 62D.
(7)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act or the Transitional Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have a disclosure framework that would apply to those functions or powers;
the disclosure framework applying to those functions or powers immediately before that appointment continues to apply until the new Registrar makes a disclosure framework that applies to those functions or powers, or amends its existing disclosure framework to apply to those functions or powers.

62MProtection of confidentiality of protected information

(1)
A person (the first person) commits an offence if:
(a)
the first person is, or has been, in official employment; and
(b)
the first person makes a record of information, or discloses information to another person; and
(c)
the information is protected information that was obtained by the first person in the course of the first person’s official employment.
(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).
(3)
The recording or disclosure is authorised by this subsection if:
(a)
the recording or disclosure is for the purposes of this Division; or
(b)
the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or
(c)
in the case of a disclosure—the disclosure is to another person for use, in the course of the performance of the duties of the other person’s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or
(d)
in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:
(i)
is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and
(ii)
is in accordance with an agreement, about registration of business names, between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; or
(e)
in the case of a disclosure—each person to whom the information relates consents to the disclosure; or
(f)
in the case of a disclosure—the disclosure is in accordance with the disclosure framework.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

62NAuthorisation of recording or disclosure

(1)
A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 62M(3), unless the secrecy provision is a designated secrecy provision.
(2)
A secrecy provision is a provision that:
(a)
is a provision of a law of the Commonwealth (other than this Act); and
(b)
prohibits or regulates the use or disclosure of information.
(3)
A designated secrecy provision is any of the following:
(a)
sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;
(b)
section 34 of the Inspector‑General of Intelligence and Security Act 1986;
(c)
sections 39 to 41 of the Intelligence Services Act 2001;
(d)
section 8WB of the Taxation Administration Act 1953;
(e)
a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 62U;

(f)
a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 62U.

62PPreventing disclosure of particular protected information

(1)
If:
(a)
a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and
(b)
the Registrar is satisfied that it is not appropriate to disclose that information;
a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.
(2)
Without limiting section 62L, the disclosure framework may provide for:
(a)
how applications referred to in paragraph (1)(a) are to be made; and
(b)
how those applications are to be decided.

62QAuthorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:
(a)
the information is protected information; and
(b)
the disclosure is authorised by subsection 62M(3) of this Act.

62RDisclosure to a court

A person is not to be required:
(a)
to produce to a court any document that:
(i)
contains protected information; and
(ii)
was made or given under, or for the purposes of, this Act or the Transitional Act; and
(iii)
was obtained by the person in the course of the person’s official employment; or
(b)
to disclose to a court any protected information that the person obtained in the course of the person’s official employment;
unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

62SExtracts of information to be admissible in evidence

(1)
In any proceedings, a document, or a copy of a document, that purports (irrespective of the form of wording used) to be an extract of information held by the Registrar under, or for the purposes of, this Act or the Transitional Act:
(a)
is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and
(b)
is admissible without any further proof of, or the production of, the original;
if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.
(2)
The Registrar may give a person a certified copy of, or extract from, the information held by the Registrar under, or for the purposes of, this Act or the Transitional Act on payment of the fee (if any) prescribed by rules made under section 62U.
(3)
In any proceedings, the certified copy:
(a)
is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act or the Transitional Act; and
(b)
is admissible without any further proof of, or the production of, the original.
(4)
This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

62TAnnual report

Each annual report by the Registrar for a period must include information about the performance of the Registrar’s functions and exercise of the Registrar’s powers under, or for the purposes of, this Act or the Transitional Act during that period.

62URules

(1)
The Minister may, by legislative instrument, make rules prescribing matters:
(a)
required or permitted by this Division to be prescribed by rules made under this section; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Division.
(2)
To avoid doubt, rules made under this section may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Act.

Division 2—Miscellaneous

Business Names Registration (Transitional and Consequential Provisions) Act 2011

Item 27 of Schedule 1

Before “A decision”, insert “(1)”.

At the end of item 27 of Schedule 1

Add:
(2) A decision by the Registrar under a provision of the data standards or the disclosure framework is reviewable on the application of an entity whose interests are affected by the decision.

Corporations Act 2001

Section 9

Insert:
Australian business law means a law of the Commonwealth, or of a State or Territory, that is a law that regulates, or relates to the regulation of, business or persons engaged in business.
Commonwealth body means:
(a)
an Agency (within the meaning of the Public Service Act 1999); or
(b)
a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or
(c)
a person:
(i)
holding or performing the duties of an office established by or under a law of the Commonwealth; or
(ii)
holding an appointment made under a law of the Commonwealth.
data standards means standards made by the Registrar under section 1270G.
designated secrecy provision has the meaning given by subsection 1270M(3).
disclosure framework means the disclosure framework made by the Registrar under section 1270K.
government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
official employment means:
(a)
appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or
(b)
the exercise of powers or performance of functions under a delegation by the Registrar.
protected information means information:
(a)
obtained by a person in the course of the person’s official employment; and
(b)
disclosed to the person or another person, or obtained by the person or another person:
(i)
under, or in relation to, this Act; or
(ii)
under another law of the Commonwealth;
in connection with particular functions or powers of the Registrar.
Registrar has the meaning given by section 9C.
secrecy provision has the meaning given by subsection 1270M(2).
taxation law has the same meaning as in the Income Tax Assessment Act 1997.

At the end of Division 1 of Part 1.2

Add:

9CMeaning of Registrar

A reference in this Act to the Registrar is a reference to:
(a)
if only one Commonwealth body is appointed as Registrar under section 1270—that body; or
(b)
if more than one Commonwealth body is appointed under that section:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section.

Part 9.1 (heading)

Repeal the heading, substitute:

Part 9.1—Matters relating to handling records and information

Division 1—The Registrar

Subdivision A—Appointment etc. of the Registrar

1270Appointment of the Registrar

(1)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.
(2)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

1270AFunctions

The Registrar’s functions are:
(a)
such functions as are conferred on the Registrar by or under this Act; and
(b)
such functions as are prescribed by rules made for the purposes of this paragraph under section 1270T; and
(c)
such functions as are incidental to the functions mentioned in paragraph (a) or (b).

1270BPowers

The Registrar’s powers include:
(a)
such powers as are conferred:
(i)
on the Registrar in relation to the functions mentioned in section 1270A; and
(ii)
by or under this Act; and
(b)
the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

1270CDirections by Minister

(1)
The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2)
Without limiting subsection (1), a direction under that subsection may relate to any of the following:
(a)
matters to be dealt with in the data standards or disclosure framework;
(b)
consultation processes to be followed prior to making data standards or the disclosure framework.
(3)
A direction under subsection (1) must be of a general nature only.
(4)
Subsection (3) does not prevent a direction under subsection (1) from relating to a particular matter to be dealt with in the data standards or disclosure framework. However, the direction must not direct the Registrar how to apply the data standards or disclosure framework in a particular case.
(5)
The Registrar must comply with a direction under subsection (1).

1270DDelegation

(1)
The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act(other than the power to make data standards or the disclosure framework) to:
(a)
any person to whom it may delegate any of its other functions, as a Commonwealth body, under a law of the Commonwealth; or
(b)
any person of a kind specified in rules made under section 1270T.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

1270EAssisted decision making

(1)
The Registrar may arrange for the use, under the Registrar’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which the Registrar may make decisions in the performance or exercise of the Registrar’s functions or powers under this Act, other than decisions reviewing other decisions.
(2)
A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.
(3)
The Registrar may substitute a decision for a decision (the initial decision) the making of which is assisted by the operation of such a process under an arrangement under subsection (1) if the Registrar is satisfied that the initial decision is incorrect.

1270FLiability for damages

None of the following:
(a)
the Minister;
(b)
the Registrar;
(c)
if the Registrar is a Commonwealth body that has members—a member of the Registrar;
(d)
a member of the staff of the Registrar;
(e)
a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;
(f)
a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;
(g)
an APS employee, or an officer or employee of a Commonwealth body, whose services are made available to the Registrar in connection with the performance or exercise of any of the Registrar’s functions or powers;
is liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Division.

Subdivision B—How the Registrar is to perform and exercise functions and powers

1270GData standards

(1)
The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act.
(2)
Without limiting subsection (1), the data standards may provide for any of the following:
(a)
what information may be collected for the purposes of the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act;
(b)
how such information may be collected;
(c)
the manner and form in which such information is given to the Registrar;
(d)
when information is to be given to the Registrar;
(e)
how information held by the Registrar is to be authenticated, verified or validated;
(f)
how information held by the Registrar is to be stored;
(g)
correction of information held by the Registrar;
(h)
the manner and form of communication between the Registrar and persons who give information to the Registrar or seek to access information held by the Registrar;
(i)
integrating or linking information held by the Registrar.
(3)
Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.
(4)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have data standards that would apply to those functions or powers;
any data standards applying to those functions or powers immediately before that appointment continue to apply until the new Registrar makes data standards that apply to those functions or powers, or amends its existing data standards to apply to those functions or powers.

1270HGiving information to the Registrar

(1)
Without limiting section 1270G, the data standards may provide that information is to be given to the Registrar in electronic form, or any other specified form.
(2)
A requirement under this Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:
(a)
that the information is to be “lodged” or “furnished”; and
(b)
that the information is to be “written” or “in writing”; and
(c)
that a “copy” of a document containing the information is to be provided;
is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

1270JHow the Registrar is to perform and exercise functions and powers

(1)
The Registrar must perform its functions and exercise its powers under this Act in accordance with:
(a)
the data standards; or
(b)
if there are no data standards that apply to particular functions or powers—any requirement relating to those functions or powers as in force immediately before those functions or powers became functions or powers of the Registrar.
(2)
This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

1270KDisclosure framework

(1)
The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.
(2)
Without limiting subsection (1), the disclosure framework may provide for any of the following:
(a)
circumstances in which information must not be disclosed without the consent of the person to whom it relates;
(b)
circumstances in which de‑identified information may be disclosed;
(c)
circumstances in which information may be disclosed to the general public;
(d)
circumstances in which confidentiality agreements are required for the disclosure of information;
(e)
imposing conditions on disclosure of information.
(3)
Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act.
(4)
A person commits an offence if:
(a)
the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and
(b)
the person fails to comply with the confidentiality agreement.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
(5)
The disclosure framework must not provide for disclosure of protected information unless the Registrar is satisfied that the benefits of the disclosure would outweigh the risks of the disclosure (taking into account any mitigation of those risks in accordance with the disclosure framework).
(6)
However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 1270C.
(7)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have a disclosure framework that would apply to those functions or powers;
the disclosure framework applying to those functions or powers immediately before that appointment continues to apply until the new Registrar makes a disclosure framework that applies to those functions or powers, or amends its existing disclosure framework to apply to those functions or powers.

1270LProtection of confidentiality of protected information

(1)
A person (the first person) commits an offence if:
(a)
the first person is, or has been, in official employment; and
(b)
the first person makes a record of information, or discloses information to another person; and
(c)
the information is protected information that was obtained by the first person in the course of the first person’s official employment.
Penalty: Imprisonment for 2 years.
(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).
(3)
The recording or disclosure is authorised by this subsection if:
(a)
the recording or disclosure is for the purposes of this Division; or
(b)
the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or
(c)
in the case of a disclosure—the disclosure is to another person for use, in the course of the performance of the duties of the other person’s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or
(d)
in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:
(i)
is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and
(ii)
is in accordance with an agreement, about corporate regulation, between the Commonwealth, the States, the Northern Territory and the Australian Capital Territory; or
(e)
in the case of a disclosure—each person to whom the information relates consents to the disclosure; or
(f)
in the case of a disclosure—the disclosure is in accordance with the disclosure framework.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

1270MAuthorisation of recording or disclosure

(1)
A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 1270L(3), unless the secrecy provision is a designated secrecy provision.
(2)
A secrecy provision is a provision that:
(a)
is a provision of a law of the Commonwealth (other than this Act); and
(b)
prohibits or regulates the use or disclosure of information.
(3)
A designated secrecy provision is any of the following:
(a)
sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;
(b)
section 34 of the Inspector‑General of Intelligence and Security Act 1986;
(c)
sections 39 to 41 of the Intelligence Services Act 2001;
(d)
section 8WB of the Taxation Administration Act 1953;
(e)
a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 1270T;
(f)
a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 1270T.

1270NPreventing disclosure of particular protected information

(1)
If:
(a)
a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and
(b)
the Registrar is satisfied that it is not appropriate to disclose that information;
a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.
(2)
Without limiting section 1270K, the disclosure framework may provide for:
(a)
how applications referred to in paragraph (1)(a) are to be made; and

(b)
how those applications are to be decided.

1270PAuthorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:
(a)
the information is protected information; and
(b)
the disclosure is authorised by subsection 1270L(3) of this Act.

1270QDisclosure to a court

A person is not to be required:
(a)
to produce to a court any document that:
(i)
contains protected information; and
(ii)
was made or given under, or for the purposes of, this Act; and
(iii)
was obtained by the person in the course of the person’s official employment; or
(b)
to disclose to a court any protected information that the person obtained in the course of the person’s official employment;
unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

1270RExtracts of information to be admissible in evidence

(1)
In any proceedings, a document, or a copy of a document, that purports (irrespective of the form of wording used) to be an extract of information held by the Registrar under, or for the purposes of, this Act:
(a)
is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and
(b)
is admissible without any further proof of, or the production of, the original;
if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.
(2)
The Registrar may give a person a certified copy of, or extract from, the information held by the Registrar under, or for the purposes of, this Act on payment of the fee (if any) prescribed by rules made under section 1270T.
(3)
In any proceedings, the certified copy:
(a)
is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act; and
(b)
is admissible without any further proof of, or the production of, the original.
(4)
This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

1270SAnnual report

Each annual report by the Registrar for a period must include information about the performance of the Registrar’s functions and exercise of the Registrar’s powers under, or for the purposes of, this Act during that period.

1270TRules

(1)
The Minister may, by legislative instrument, make rules under this section prescribing matters:
(a)
required or permitted by this Division to be prescribed by rules made under this section; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Division.
(2)
To avoid doubt, rules made under this section may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Act.

Division 2—Registers kept by ASIC

After section 1274

Insert:

Division 3—Miscellaneous

After subsection 1317B(1)

Insert:
(1A)
Subject to this Part, applications may also be made to the Tribunal for review of a decision made by the Registrar under the data standards or disclosure framework.

After paragraph 1317C(gf)

Insert:
(gg)
a decision by the Registrar to make, amend or repeal data standards under section 1270G; or
(gh)
a decision by the Registrar to make, amend or repeal the disclosure framework under section 1270K; or

National Consumer Credit Protection Act 2009

Subsection 5(1)

Insert:
Australian business law means a law of the Commonwealth, or of a State or Territory, that is a law that regulates, or relates to the regulation of, business or persons engaged in business.
Commonwealth body means:
(a)
an Agency (within the meaning of the Public Service Act 1999); or
(b)
a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth; or
(c)
a person:
(i)
holding or performing the duties of an office established by or under a law of the Commonwealth; or
(ii)
holding an appointment made under a law of the Commonwealth.
data standards means standards made by the Registrar under section 212H.
designated secrecy provision has the meaning given by subsection 212N(3).
disclosure framework means the disclosure framework made by the Registrar under section 212L.
government entity has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
official employment means:
(a)
appointment or employment by the Commonwealth, or the performance of services for the Commonwealth; or
(b)
the exercise of powers or performance of functions under a delegation by the Registrar.
protected information means information:
(a)
obtained by a person in the course of the person’s official employment; and
(b)
disclosed to the person or another person, or obtained by the person or another person:
(i)
under, or in relation to, this Act; or
(ii)
under another law of the Commonwealth;
in connection with particular functions or powers of the Registrar.
Registrar has the meaning given by section 16B.
secrecy provision has the meaning given by subsection 212N(2).
taxation law has the same meaning as in the Income Tax Assessment Act 1997.

At the end of Division 4 of Part 1‑2

Add:

16BMeaning of Registrar

A reference in this Act to the Registrar is a reference to:
(a)
if only one Commonwealth body is appointed as Registrar under section 212A—that body; or
(b)
if more than one Commonwealth body is appointed under that section:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section.

Part 5‑1 (heading)

Repeal the heading, substitute:

Part 5‑1—Matters relating to handling records and information

Section 212

Repeal the section, substitute:

212Guide to this Part

This Part provides for the Registrar’s role under this Act.
The Minister appoints an existing Commonwealth body to be the Registrar. The Minister can give directions to the Registrar.
The Registrar performs functions and exercises powers in accordance with the data standards (and other Commonwealth laws). The data standards are disallowable instruments made by the Registrar. They may deal with such matters as how information is given to the Registrar (including electronically).
Information that the Registrar has can be disclosed to government agencies for the performance of their functions. Other disclosures (such as by public access to information) are dealt with by the disclosure framework, which is a disallowable instrument made by the Registrar.
Certain decisions made by the Registrar are reviewable by the Administrative Appeals Tribunal.
This Part also set out the Registrar’s obligation to record information relating to credit activities.

After Division 1 of Part 5‑1

Insert:

Division 1A—The Registrar

Subdivision A—The Registrar

212AAppointment of the Registrar

(1)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.
(2)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar in relation to one or more functions or powers of the Registrar.

212BFunctions

The Registrar’s functions are:
(a)
such functions as are conferred on the Registrar by or under this Act; and
(b)
such functions as are prescribed by rules made for the purposes of this paragraph under section 212U; and
(c)
such functions as are incidental to the functions mentioned in paragraph (a) or (b).

212CPowers

The Registrar’s powers include:
(a)
such powers as are conferred:
(i)
on the Registrar in relation to the functions mentioned in section 212B; and
(ii)
by or under this Act; and
(b)
the power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

212DDirections by Minister

(1)
The Minister may, by legislative instrument, give written directions to the Registrar about the performance of its functions and the exercise of its powers.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2)
Without limiting subsection (1), a direction under that subsection may relate to any of the following:
(a)
matters to be dealt with in the data standards or disclosure framework;
(b)
consultation processes to be followed prior to making data standards or the disclosure framework.
(3)
A direction under subsection (1) must be of a general nature only.
(4)
Subsection (3) does not prevent a direction under subsection (1) from relating to a particular matter to be dealt with in the data standards or disclosure framework. However, the direction must not direct the Registrar how to apply the data standards or disclosure framework in a particular case.
(5)
The Registrar must comply with a direction under subsection (1).

212EDelegation

(1)
The Registrar may, in writing, delegate all or any of the Registrar’s functions or powers under this Act (other than the power to make data standards or the disclosure framework) to:
(a)
any person to whom it may delegate any of its other functions, as a Commonwealth body, under a law of the Commonwealth; or
(b)
any person of a kind specified in rules made under section 212U.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2)
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

212FAssisted decision making

(1)
The Registrar may arrange for the use, under the Registrar’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which the Registrar may make decisions in the performance or exercise of the Registrar’s functions or powers under this Act, other than decisions reviewing other decisions.
(2)
A decision the making of which is assisted by the operation of such a process under an arrangement made under subsection (1) is taken to be a decision made by the Registrar.
(3)
The Registrar may substitute a decision for a decision (the initial decision) the making of which is assisted by the operation of such a process under an arrangement under subsection (1) if the Registrar is satisfied that the initial decision is incorrect.

212GLiability for damages

None of the following:
(a)
the Minister;
(b)
the Registrar;
(c)
if the Registrar is a Commonwealth body that has members—a member of the Registrar;
(d)
a member of the staff of the Registrar;
(e)
a person who is, or is a member of or a member of the staff of, a delegate of the Registrar;
(f)
a person who is authorised to perform or exercise a function or power of, or on behalf of, the Registrar;
(g)
an APS employee, or an officer or employee of a Commonwealth body, whose services are made available to the Registrar in connection with the performance or exercise of any of the Registrar’s functions or powers;
is liable to an action or other proceeding for damages for or in relation to an act done, or omitted to be done, in good faith in performance or purported performance of any function, or in exercise or purported exercise of any power, conferred or expressed to be conferred by or under this Part.

Subdivision B—How the Registrar is to perform and exercise functions and powers

212HData standards

(1)
The Registrar may, by legislative instrument, make data standards on matters relating to the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act.
(2)
Without limiting subsection (1), the data standards may provide for any of the following:
(a)
what information may be collected for the purposes of the performance of the Registrar’s functions and the exercise of the Registrar’s powers under this Act;
(b)
how such information may be collected;
(c)
the manner and form in which such information is given to the Registrar;
(d)
when information is to be given to the Registrar;
(e)
how information held by the Registrar is to be authenticated, verified or validated;
(f)
how information held by the Registrar is to be stored;
(g)
correction of information held by the Registrar;
(h)
the manner and form of communication between the Registrar and persons who give information to the Registrar or seek to access information held by the Registrar;
(i)
integrating or linking information held by the Registrar.
(3)
Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.
(4)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have data standards that would apply to those functions or powers;
any data standards applying to those functions or powers immediately before that appointment continue to apply until the new Registrar makes data standards that apply to those functions or powers, or amends its existing data standards to apply to those functions or powers.

212JGiving information to the Registrar

(1)
Without limiting section 212H, the data standards may provide that information is to be given to the Registrar in electronic form, or any other specified form.
(2)
A requirement under this Act that information is to be provided to the Registrar in a particular form or manner (however described), including a requirement:
(a)
that the information is to be “lodged” or “furnished”; and
(b)
that the information is to be “written” or “in writing”; and
(c)
that a “copy” of a document containing the information is to be provided;
is not taken to restrict by implication what the data standards may provide under subsection (1) in relation to that information.

212KHow the Registrar is to perform and exercise functions and powers

(1)
The Registrar must perform its functions and exercise its powers under this Act in accordance with:
(a)
the data standards; or
(b)
if there are no data standards that apply to particular functions or powers—any requirement relating to those functions or powers as in force immediately before those functions or powers became functions or powers of the Registrar.
(2)
This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C—Disclosure of information

212LDisclosure framework

(1)
The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.
(2)
Without limiting subsection (1), the disclosure framework may provide for any of the following:
(a)
circumstances in which information must not be disclosed without the consent of the person to whom it relates;
(b)
circumstances in which de‑identified information may be disclosed;
(c)
circumstances in which information may be disclosed to the general public;
(d)
circumstances in which confidentiality agreements are required for the disclosure of information;
(e)
imposing conditions on disclosure of information.
(3)
Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act.
(4)
A person commits an offence if:
(a)
the person is a party to a confidentiality agreement of a kind mentioned in paragraph (2)(d); and
(b)
the person fails to comply with the confidentiality agreement.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
(5)
The disclosure framework must not provide for disclosure of protected information unless the Registrar is satisfied that the benefits of the disclosure would outweigh the risks of the disclosure (taking into account any mitigation of those risks in accordance with the disclosure framework).
(6)
However, subsection (5) does not apply to the extent that the disclosure framework deals with a matter in accordance with a direction under section 212D.
(7)
If:
(a)
a Commonwealth body (the new Registrar) is appointed as the Registrar with particular functions or powers under this Act; and
(b)
immediately before that appointment, another Commonwealth body was the Registrar with those functions or powers; and
(c)
the new Registrar does not have a disclosure framework that would apply to those functions or powers;
the disclosure framework applying to those functions or powers immediately before that appointment continues to apply until the new Registrar makes a disclosure framework that applies to those functions or powers, or amends its existing disclosure framework to apply to those functions or powers.

212MProtection of confidentiality of protected information

(1)
A person (the first person) commits an offence if:
(a)
the first person is, or has been, in official employment; and
(b)
the first person makes a record of information, or discloses information to another person; and
(c)
the information is protected information that was obtained by the first person in the course of the first person’s official employment.
Penalty: Imprisonment for 2 years.
(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).
(3)
The recording or disclosure is authorised by this subsection if:
(a)
the recording or disclosure is for the purposes of this Part; or
(b)
the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or
(c)
in the case of a disclosure—the disclosure is to another person for use, in the course of the performance of the duties of the other person’s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or
(d)
in the case of a disclosure to another person who is an employee of a State, a Territory or an authority of a State or Territory—the disclosure:
(i)
is to the other person for use, in the course of the performance of the duties of that employment, in relation to the performance or exercise of the functions or powers of a government entity; and
(ii)
is in accordance with an agreement, about regulating the provision of credit, between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; or
(e)
in the case of a disclosure—each person to whom the information relates consents to the disclosure; or
(f)
in the case of a disclosure—the disclosure is in accordance with the disclosure framework.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.

212NAuthorisation of recording or disclosure

(1)
A person is not liable to any proceedings for contravening a secrecy provision in respect of a recording or disclosure authorised under subsection 212M(3), unless the secrecy provision is a designated secrecy provision.
(2)
A secrecy provision is a provision that:
(a)
is a provision of a law of the Commonwealth (other than this Act); and
(b)
prohibits or regulates the use or disclosure of information.
(3)
A designated secrecy provision is any of the following:
(a)
sections 18 to 18B and 92 of the Australian Security Intelligence Organisation Act 1979;
(b)
section 34 of the Inspector‑General of Intelligence and Security Act 1986;
(c)
sections 39 to 41 of the Intelligence Services Act 2001;
(d)
section 8WB of the Taxation Administration Act 1953;
(e)
a provision of a law of the Commonwealth prescribed by rules made for the purposes of this paragraph under section 212U;
(f)
a provision of a law of the Commonwealth of a kind prescribed by rules made for the purposes of this paragraph under section 212U.

212PPreventing disclosure of particular protected information

(1)
If:
(a)
a person applies to the Registrar for particular protected information relating to the person not to be disclosed; and

(b)
the Registrar is satisfied that it is not appropriate to disclose that information;
a disclosure of that information is taken, for the purposes of this Act, not to be in accordance with the disclosure framework.
(2)
Without limiting section 212L, the disclosure framework may provide for:
(a)
how applications referred to in paragraph (1)(a) are to be made; and
(b)
how those applications are to be decided.

212QAuthorisation for purposes of Privacy Act

A disclosure of personal information (within the meaning of the Privacy Act 1988) is taken to be authorised by law for the purposes of paragraph 6.2(b) of Schedule 1 to that Act if:
(a)
the information is protected information; and
(b)
the disclosure is authorised by subsection 212M(3) of this Act.

212RDisclosure to a court

A person is not to be required:
(a)
to produce to a court any document that:
(i)
contains protected information; and
(ii)
was made or given under, or for the purposes of, this Act; and
(iii)
was obtained by the person in the course of the person’s official employment; or
(b)
to disclose to a court any protected information that the person obtained in the course of the person’s official employment;
unless the production or disclosure is necessary for the purpose of giving effect to a taxation law or an Australian business law.

Subdivision D—Miscellaneous

212SExtracts of information to be admissible in evidence

(1)
In any proceedings, a document, or a copy of a document, that purports (irrespective of the form of wording used) to be an extract of information held by the Registrar under, or for the purposes of, this Act:
(a)
is proof, in the absence of evidence to the contrary, of information that is stated in it and that purports to be held by the Registrar; and
(b)
is admissible without any further proof of, or the production of, the original;
if it does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.
(2)
The Registrar may give a person a certified copy of, or extract from, the information held by the Registrar under, or for the purposes of, this Act on payment of the fee (if any) prescribed by rules made under section 212U.
(3)
In any proceedings, the certified copy:
(a)
is prima facie evidence of information that is stated in it and that purports to be held by the Registrar under, or for the purposes of, this Act; and
(b)
is admissible without any further proof of, or the production of, the original.
(4)
This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

212TAnnual report

Each annual report by the Registrar for a period must include information about the performance of the Registrar’s functions and exercise of the Registrar’s powers under, or for the purposes of, this Act during that period.

212URules

(1)
The Minister may, by legislative instrument, make rules prescribing matters:
(a)
required or permitted by this Part to be prescribed by rules made under this section; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2)
To avoid doubt, rules made under this section may not do the following:
(a)
create an offence or civil penalty;
(b)
provide powers of:
(i)
arrest or detention; or
(ii)
entry, search or seizure;
(c)
impose a tax;
(d)
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e)
directly amend the text of this Act.

After subsection 327(1)

Insert:
(1A)
An application may also be made to the Administrative Appeals Tribunal for review of a decision (within the meaning of the Administrative Appeals Tribunal Act 1975) made by the Registrar under the data standards or disclosure framework.

Part 2Other amendments

A New Tax System (Australian Business Number) Act 1999

Title

Omit “establishing a Register of Australian Business and providing for the issue of”, substitute “providing for”.

Subsection 3(3)

Repeal the subsection.

Subsection 9(1)

Omit “in the *Australian Business Register”.

Subsection 9(1) (note 1)

Omit “Note 1”, substitute “Note”.

Subsection 9(1) (note 2)

Repeal the note.

Subsection 9(2)

Omit “be in the *approved form”, substitute “meet any requirements of the *data standards”.

Subsection 9(3)

Omit “That form”, substitute “The *Registrar”.

Subsection 9A(1)

Omit “in the *Australian Business Register”, substitute “under section 10”.

Subsection 9A(2)

Repeal the subsection, substitute:
(2)
*Your application must meet any requirements of the *data standards.

Subsection 9A(3)

Omit “That form”, substitute “The *Registrar”.

Subsection 10(1)

Omit “in the *Australian Business Register”.

Paragraph 10(1)(ca)

Omit “*approved form”, substitute “process”.

Paragraph 10(1)(d)

Omit “in the Register”, substitute “under this section”.

Subsection 10A(1)

Omit “in the *Australian Business Register”.

Paragraph 10A(1)(d)

Omit “in the *Australian Business Register”.

Paragraph 11(1)(b)

Repeal the paragraph, substitute:
(b)
making a record of:
(i)
your registration; and
(ii)
the date of effect of the registration.

Subsection 11(3)

Omit “must give *you a written notice of”, substitute “must notify *you of”.

Paragraph 11(3)(d)

Repeal the paragraph, substitute:
(d)
such other information about your registration as the *data standards require.

Subsection 11(3) (note)

Repeal the note.

Section 11A

Omit all the words after “by”, substitute “making a record of information about your representative”.

Section 12

Repeal the section.

Subsection 13(1)

Omit “must give you written notice of”, substitute “must notify you of”.

Subsection 13(2)

Omit “give the Registrar written notice”, substitute “notify the Registrar”.

Subsection 13(3)

Omit “if *you give notice under subsection (2), the *Registrar”, substitute “if *you notify the *Registrar under subsection (2), the Registrar”.

Subsection 13(3)

Omit “on which the notice is given”, substitute “of the notification”.

Subsections 13(4) and (5)

Repeal the subsections, substitute:
(4)
For the purposes of measuring the 28 days mentioned in subsection (2) for *your application under section 9 or 9A, disregard each period (if any):
(a)
starting on the day on which the *Registrar requests you, or your proposed representative, to give the Registrar information; and
(b)
ending on the day you give the Registrar that information.

Section 14 (heading)

Omit “matters set out in the Register”, substitute “certain matters”.

Paragraph 14(1)(b)

Repeal the paragraph.

Subsection 14(1) (note 1)

Omit “notice under this subsection or section 15”, substitute “notification under this subsection or request under section 15”.

Subsection 14(2)

Repeal the subsection, substitute:
(2)
The notification must meet any requirements of the *data standards.
50
Subsection 15(1) (table item 1, column headed “These entities ...”)
Omit “in the *Australian Business Register”, substitute “under section 10”.
51
Subsection 15(1) (table item 1, column headed “can be requested to give this information ...”, paragraph (c))
Repeal the paragraph, substitute:

(c) information recorded about you in relation to your registration

52
Subsection 15(1) (table item 2, column headed “These entities ...”)
Omit all the words after “(if any)”, substitute “recorded in relation to you”.
53
Subsection 15(1) (table item 3, column headed “These entities ...”, paragraph (a))
Omit “in the *Australian Business Register”.
54
Subsection 15(1) (table item 3, column headed “can be requested to give this information ...”, paragraph (b))
Repeal the paragraph, substitute:

(b) information recorded about the representative in relation to your registration

Subsections 15(2) and (3)

Repeal the subsections, substitute:
(2)
A request under subsection (1) to an *entity must specify the period within which the entity is to give the information. The period specified must end at least 14 days after the request is given.
(3)
The giving of the information must meet any requirements of the *data standards.

Paragraph 17(1)(a)

Omit “*Australian Business Register”, substitute “information recorded about your registration”.

Paragraph 17(1)(b)

Repeal the paragraph, substitute:
(b)
notifying you of the new ABN and the date from which the new ABN has effect.

Subsection 17(1) (note)

Repeal the note.

Subsection 17(2)

Repeal the subsection.

Subsection 17(3)

Omit “stated in the *Australian Business Register”, substitute “mentioned in paragraph (1)(a)”.

Subsection 18(1)

Omit “in the *Australian Business Register”, substitute “under section 10”.

Subsection 18(1) (note 1)

Omit “(see the definition of ABN in section 41)”.

Subsection 18(1A)

Omit “in the *Australian Business Register”, substitute “under section 10A”.

Subsection 18(2)

Repeal the subsection, substitute:
(2)
The *Registrar must notify *you of the cancellation. The notification must state:
(a)
the reasons for the cancellation; and
(b)
the date of effect of the cancellation.
Note: A decision setting the date of effect of a cancellation is a reviewable ABN decision.

Paragraph 18(3)(a)

Repeal the paragraph, substitute:
(a)
the date on which *you are notified of the cancellation under subsection (2);

Paragraph 18(3)(c)

Repeal the paragraph, substitute:
(c)
a date before the date on which you are notified of the cancellation.

Paragraph 18(4)(a)

Omit “in the *approved form”.

Paragraph 18(4)(b)

Omit “in the approved form”.

After subsection 18(4)

Insert:
(4A)
The application must meet any requirements of the *data standards.

Subsection 18(5)

Repeal the subsection, substitute:
(5)
The *Registrar must notify *you of the cancellation and the date of effect of the cancellation.
Note: A decision setting the date of effect of a cancellation is a reviewable ABN decision.

Paragraph 18(6)(a)

Repeal the paragraph, substitute:
(a)
the date on which *you are notified of the cancellation under subsection (5);

Paragraph 18(6)(c)

Repeal the paragraph, substitute:
(c)
a date before the date on which you are notified of the cancellation.

Subsection 19(1)

Omit “in the *Australian Business Register”.

Subsection 19(2)

Repeal the subsection, substitute:
(2)
The *Registrar must notify *you of the reinstatement.

Subsection 21(2) (table item 7)

Repeal the item.

Division 10 of Part 3 (heading)

Repeal the heading, substitute:

Division 10—Administration

Sections 24 to 27

Repeal the sections, substitute:

25The Registrar must maintain records

The *Registrar must maintain a record of information relating to registrations under sections 10 and 10A.

Division 11 of Part 3 (heading)

Repeal the heading.

Sections 28 to 30

Repeal the sections.

Section 41

Before “In this Act”, insert “(1)”.
81
Section 41 (definition of ABN (Australian Business Number))
Repeal the definition.

Section 41

Insert:
ABN: see Australian Business Number.

Section 41 (definition of approved form)

Repeal the definition.

Section 41

Insert:
Australian Business Number or ABN, for an *entity, means the ABN allocated to the entity under section 11.
85
Section 41 (definition of Australian Business Register)
Repeal the definition.

Section 41

Insert:
data standards means standards made by the Registrar under section 13 of the Commonwealth Registers Act 2020 to the extent that they relate to the Registrar’s functions or powers in connection with this Act.
Note: The data standards deal with how the Registrar’s functions and powers are performed and exercised. For example, they may provide for:
(a) the collection of information; and
(b) the manner and form in which information is given to the Registrar; and
(c) the manner and form of communication between the Registrar and persons who give information to the Registrar or seek to access information held by the Registrar.

Section 41

Repeal the following definitions:
(a)
definition of entrusted person;
(b)
definition of official employment;
(c)
definition of protected document;
(d)
definition of protected information.

Section 41 (definition of Registrar)

Repeal the definition, substitute:
Registrar has the meaning given by subsection (2).

At the end of section 41

Add:
(2)
A reference in this Act to the Registrar is a reference to:
(a)
if only one Commonwealth body is appointed as Registrar under section 6 of the Commonwealth Registers Act 2020—that body; or
(b)
if more than one Commonwealth body is appointed under that section, but only one Commonwealth body is appointed under that section with functions and powers in connection with this Act—the Commonwealth body appointed under that section with those functions and powers; or
(c)
if more than one Commonwealth body is appointed under that section, and more than one Commonwealth body is appointed under that section with functions and powers in connection with this Act:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body so appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section with functions and powers in connection with this Act.

A New Tax System (Goods and Services Tax) Act 1999

Subsection 25‑10(2)

Repeal the subsection, substitute:
(2)
The *Registrar must maintain a record of information relating to *registrations under this Division.

Subsection 25‑60(2)

Repeal the subsection, substitute:
(2)
The *Registrar must maintain a record of information relating to cancellations of *registrations under this Division.

Section 146‑20 (heading)

Repeal the heading, substitute:

146‑20Recorded information about registration and cancellation

Subsection 146‑20(1) (note)

Repeal the note, substitute:
Note: Subsection 25‑10(2) requires the Registrar to record information relating to your registration.

Paragraph 146‑20(3)(b)

Omit all the words after “this section,”, substitute “information about your registration was not recorded by the *Registrar; and”.

Subsection 146‑20(3) (note)

Repeal the note, substitute:
Note: Subsection 25‑60(2) requires the Registrar to record information relating to the cancellation of your registration.
96
Section 195‑1 (definition of Australian Business Register)
Repeal the definition.
97
Section 195‑1 (definition of Australian Business Registrar)
Repeal the definition.

Section 195‑1

Insert:
Registrar has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

Australian Prudential Regulation Authority Act 1998

Subsection 56(1)

Insert:
Registrar has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

100

Subsection 56(7C)

Omit “of the Australian Business Register established under section 24 of the A New Tax System (Australian Business Number) Act 1999”.

101

Subsection 56(7C)

Omit “enter the information in that Register”, substitute “record the information”.

Australian Securities and Investments Commission Act 2001

102

Paragraph 12A(1)(k)

Repeal the paragraph.

103

At the end of subsection 127(2A)

Add:
; (h)
a Registrar appointed under any of the following:
(i)
section 6 of the Commonwealth Registers Act 2020;
(ii)
section 1270 of the Corporations Act 2001;
(iii)
section 212A of the National Consumer Credit Protection Act 2009;
(iv)
section 62A of the Business Names Registration Act 2011.

Business Names Registration Act 2011

104

Section 3 (definition of ABN)

Repeal the definition.

105

Section 3

Insert:
ABN: see Australian Business Number.

106

Section 3 (definition of application fee)

Repeal the definition.

107

Section 3 (definition of ASIC Act)

Repeal the definition.

108

Section 3 (definition of ASIC member)

Repeal the definition.

109

Section 3

Insert:
Australian Business Number or ABN, for an entity, has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
110
Section 3 (definition of Australian Business Register)
Repeal the definition.
111
Section 3 (definition of Business Names Register)
Repeal the definition.

112

Section 3 (definition of notified successor)

Omit “entered on the Business Names Register”, substitute “registered”.

113

Section 3 (definition of staff member)

Repeal the definition.

114

Paragraph 6(1)(b)

Omit “ASIC”, substitute “the Registrar”.

115

Subsection 16(2)

Omit all the words after “the business name”.

116

Paragraph 18(1)(b)

Omit “on the Business Names Register”, substitute “in accordance with this Act”.

117

Paragraph 19(2)(a)

Omit “lodged with ASIC”, substitute “given to ASIC or the Registrar”.

118

Section 22

Repeal the section.

119

Subsection 23(1)

Omit “lodge with ASIC an application”, substitute “apply to the Registrar”.

120

Subsections 23(2) and (3)

Repeal the subsections, substitute:
(2)
The application must meet any requirements of the data standards.

121

Subsections 23(5) and (6)

Repeal the subsections.

122

Subsection 24(1)

Omit “ASIC” (first occurring), substitute “The Registrar”.

123

Subsection 24(1)

Omit “if ASIC”, substitute “if the Registrar”.

124

Subsection 24(2)

Repeal the subsection, substitute:
(2)
The Registrar may request the entity to give the Registrar, within the period specified in the request, such information as is required by the data standards.

125

Subsections 24(3) and (4)

Omit “ASIC”, substitute “the Registrar”.

126

Subparagraphs 25(a)(iv), (v), (vi) and (vii)

Omit “ASIC”, substitute “the Registrar”.

127

Paragraph 25(e)

Omit “either”, substitute “any of the following applies”.

128

Subparagraph 25(e)(i)

Omit “expression; or”, substitute “expression;”.

129

At the end of paragraph 25(e)

Add:
; (iii)
the name is constituted by or includes a word or expression that is restricted but the Minister has determined under subsection 28(2A) that the name is available to the entity.

130

After subsection 28(2)

Insert:
(2A)
The Minister may determine in writing that a business name specified in the determination is to be available to an entity specified in the determination, even though the name is constituted by or includes a word or expression that is restricted.

131

Subsection 28(3)

After “subsection (2)”, insert “or (2A)”.

132

Paragraph 29(1)(a)

Omit “ASIC”, substitute “the Registrar”.

133

Paragraph 29(4)(b)

Omit “ASIC”, substitute “the Registrar”.

134

Subsections 29(5), (6) and (7)

Omit “ASIC”, substitute “The Registrar”.

135

Subsection 30(1)

Omit “ASIC”, substitute “the Registrar”.

136

Subsection 31(1)

Omit “in accordance with subsection (2)”.

137

Subsection 31(2)

Repeal the subsection, substitute:
(2)
The consent notice must meet any requirements of the data standards.

138

Paragraph 31(3)(a)

Omit “ASIC”, substitute “the Registrar”.

139

Paragraph 31(3)(b)

Repeal the paragraph, substitute:
(b)
the entity to whom the business name is registered has:
(i)
consented to the registration of the business name to the applicant; and
(ii)
requested the Registrar, under subsection 42(1), to cancel the registration of the business name to the entity;

140

Subsection 31(4)

Omit “ASIC”, substitute “the Registrar”.

141

Subsection 31(5)

Repeal the subsection, substitute:
(5)
The notice must meet any requirements of the data standards.

142

Subsection 31(6) (note 2)

Omit “Subsections (4) to (6)”, substitute “Subsections (4) and (6)”.

143

Subsection 32(3)

Omit “in writing”.

144

Subsection 32(4)

Repeal the subsection.

145

Section 33 (heading)

Omit “ASIC”, substitute “the Registrar”.

146

Subsection 33(1)

Repeal the subsection, substitute:
(1)
The Registrar registers a business name to an entity by making a record of such information as is required by the data standards.

147

Subsection 33(2)

Omit “ASIC”, substitute “the Registrar”.

148

Subsection 33(3)

Omit “ASIC may”, substitute “The Registrar may”.

149

Paragraph 33(3)(a)

Repeal the paragraph, substitute:
(a)
the entity requests the Registrar to do so; and
(ab)
the request meets any requirements of the data standards; and

150

Subsection 33(4)

Omit “ASIC may”, substitute “The Registrar may”.

151

Paragraph 33(4)(a)

Repeal the paragraph, substitute:
(a)
the entity requests the Registrar to do so; and
(ab)
the request meets any requirements of the data standards; and

152

Subsection 33(7)

Repeal the subsection.

153

Subsection 33(8)

Omit “ASIC must give the entity notice in writing”, substitute “The Registrar must notify the entity”.

154

Paragraph 33(8)(c)

Repeal the paragraph, substitute:
(c)
any other details, held by the Registrar in relation to the business name and the entity, that the Registrar considers should be given to the entity.

Schedule 2—Director identification numbers

Corporations (Aboriginal and Torres Strait Islander) Act 2006

After paragraph 21‑1(3)(e)

Insert:
(ea)
the person’s director identification number, or the fact that the person does not have a director identification number;

After paragraph 22‑1(4)(d)

Insert:
(da)
the person’s director identification number, or the fact that the person does not have a director identification number;

After paragraph 23‑1(4)(d)

Insert:
(da)
the person’s director identification number, or the fact that the person does not have a director identification number;

Subsection 304‑5(4)

Repeal the subsection (not including the note), substitute:
(4)
The personal details of a person who is a director, alternate director, secretary or contact person are:
(a)
the person’s given and family names; and
(b)
all of the person’s former given and family names; and
(c)
the person’s date and place of birth; and
(d)
the person’s address; and
(e)
the person’s director identification number, or the fact that the person does not have a director identification number.

After Part 6‑7

Insert:

Part 6‑7A—Director identification numbers

308‑1What 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.

308‑5Giving 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.

308‑10Applying 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).

308‑15Eligible 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.

308‑20Requirement 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.

308‑25Requirement 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.

308‑30Commonwealth 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.

308‑35Infringement 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.

308‑40Applying 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.

308‑45Misrepresenting 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.

After paragraph 386‑1(1)(b)

Insert:
(ba)
subsections 308‑20(5), 308‑25(4), 308‑40(4) and 308‑45(2) (director identification numbers);

At the end of Division 694

Add:

694‑120Commonwealth Registrar

A reference in this Act to the Commonwealth Registrar is a reference to:
(a)
if only one Commonwealth body is appointed under section 6 of the Commonwealth Registers Act 2020—that body; or
(b)
if more than one Commonwealth body is appointed under that section, but only one Commonwealth body is appointed under that section with functions and powers in connection with this Act—the Commonwealth body appointed under that section with those functions and powers; or
(c)
if more than one Commonwealth body is appointed under that section, and more than one Commonwealth body is appointed under that section with functions and powers in connection with this Act:
(i)
if the reference relates to one or more particular functions or powers—any Commonwealth body appointed with any of those particular functions or powers; or
(ii)
otherwise—any of the Commonwealth bodies appointed under that section with functions and powers in connection with this Act.

Section 700‑1

Insert:
Commonwealth body has the same meaning as in the Commonwealth Registers Act 2020.
Commonwealth Registrar has the meaning given by section 694‑120.
data standards means standards made by the Registrar under section 13 of the Commonwealth Registers Act 2020 to the extent that they relate to the Registrar’s functions or powers in connection with this Act.
director identification number means a director identification number given under:
(a)
section 308‑5; or
(b)
section 1272 of the Corporations Act 2001.
eligible officer has the meaning given by section 308‑15.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

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.

Corporations Act 2001

Section 9

Insert:
director identification number means a director identification number given under:
(a)
section 1272; or
(b)
section 308‑5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
eligible officer has the meaning given by section 1272B.

Before Part 9.1

Insert:

Part 9.1A—Director identification numbers

1272Giving and cancelling director identification numbers

(1)
The Registrar must, by notifying a person who has applied under section 1272A, give the person a director identification number if the Registrar is satisfied that the person’s identity has been established.
(2)
The Registrar must make a record of the person’s director identification number.
(3)
The Registrar may, by notifying a person, cancel the person’s director identification number if:
(a)
the Registrar is no longer satisfied that the person’s identity has been established; or
(b)
the 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.

1272AApplying for a director identification number

(1)
An eligible officer may apply to the Registrar for a director identification number if the officer does not already have a director identification number.
(2)
The Registrar may direct an eligible officer to apply to the 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 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 1308 of this Act and section 137.1 of the Criminal Code).

1272BEligible officers

(1)
An eligible officer is:
(a)
a director of a company, or of a body corporate that is a registered Australian body or registered foreign company, 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 a company, or of a body corporate that is a registered Australian body or registered foreign company, 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 Registrar may determine that a particular person is not an eligible officer. The Registrar must notify the person of the determination.
(3)
The Registrar may, by legislative instrument, determine that a class of persons are not eligible officers.

1272CRequirement to have a director identification number

(1)
An eligible officer must have a director identification number.
(2)
Subsection (1) does not apply if:
(a)
the officer applied to the Registrar under section 1272A 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 (Aboriginal and Torres Strait Islander) Act 2006); 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 Registrar allows under section 1272E, 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: Subsection (5) is a civil penalty provision (see section 1317E).
Note 2: Section 79 defines involved.

1272DRequirement to apply for a director identification number

(1)
An eligible officer whom the Registrar has directed under subsection 1272A(2) to apply for a director identification number must apply to the Registrar under section 1272A for a director identification number:
(a)
within the application period under subsection (2) of this section; or
(b)
within such longer period as the Registrar allows under section 1272E.
(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 Registrar gives the direction.

(3)
An offence based on 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: Subsection (3) is a civil penalty provision (see section 1317E).
Note 2: Section 79 defines involved.

1272ERegistrar may extend application periods

(1)
The Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Registrar under section 1272A for a director identification number:
(a)
the period specified in the application; or
(b)
such other period as the 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 70.
(2)
The Registrar may, by legislative instrument, allow, for persons included in a specified class of persons, a longer period for applying to the Registrar under section 1272A for a director identification number.

1272FInfringement notices

(1)
Subsections 1272C(1) and 1272D(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 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 1272C(1) and 1272D(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 1272C(1) and 1272D(1) of this Act is:
(a)
the person specified as the relevant chief executive in the Registrar’s instrument of appointment under section 1270; or
(b)
if there is no person specified—the 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 a contravention of subsection 1272C(1) or 1272D(1) of this Act as if that subparagraph did not require the notice to give details of the place of the contravention.

1272GApplying for additional director identification numbers

(1)
A person must not apply for a director identification number if the person knows that the person already has a director identification number.
Note: Failure to comply with this subsection is an offence: see subsection 1311(1).
(2)
Subsection (1) does not apply if the Registrar directed the person under subsection 1272A(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 6‑7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
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: Subsection (4) is a civil penalty provision (see section 1317E).
Note 2: Section 79 defines involved.

1272HMisrepresenting director identification numbers

(1)
A person must not intentionally represent to a Commonwealth body, company or registered body, as the director identification number of the person or another person, a number that is not that director identification number.
Note: Failure to comply with this subsection is an offence: see subsection 1311(1).
(2)
A person who contravenes, or is involved in a contravention of, subsection (1) contravenes this subsection.
Note 1: Subsection (2) is a civil penalty provision (see section 1317E).
Note 2: Section 79 defines involved.
12
In the appropriate position in subsection 1317E(3)
Insert:

subsection 1272C(5)	requirement to have a director identification number	financial services
subsection 1272D(4)	requirement to apply for a director identification number	financial services
subsection 1272G(4)	applying for additional director identification numbers	financial services
subsection 1272H(2)	misrepresenting a director identification number	financial services

In the appropriate position in Chapter 10

Insert:

Part 10.35A—Transitional provisions relating to Schedule 2 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

1653Director identification numbers

(1)
Part 9.1A applies on and after the day (the application day) the Minister appoints, under section 1270:
(a)
a Commonwealth body to be the Registrar; or
(b)
if more than one such body is appointed—such a body with functions and powers in connection with Part 9.1A.
(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 1272C applies to the person as if:
(i)
the reference in subparagraph 1272C(2)(a)(ii) to an application period specified by regulations were instead a reference to the transitional application period; and
(ii)
references in paragraph 1272C(2)(a) to the day the person first became an eligible officer (or an eligible officer within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006) were instead references to the day the transitional application period came into effect; and
(b)
until the transitional application period comes into effect—section 1272C 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 1272C applies to the person as if a period of 28 days were the application period specified in regulations made for the purposes of paragraph 1272C(2)(b).

In the appropriate position in Schedule 3

Insert:

Subsection 1272C(1)	60 penalty units
Subsection 1272D(1)	60 penalty units
Subsection 1272G(1)	1 year imprisonment
Subsection 1272H(1)	1 year imprisonment

Income Tax Assessment Act 1936

At the end of section 202

Add:
; and (u)
to facilitate the administration of Part 9.1A of the Corporations Act 2001 and Part 6‑7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Taxation Administration Act 1953

Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)

Omit “or (t)”, substitute “, (t) or (u)”.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020	69, 2020	22 June 2020	Sch 1 (items 1–19, 103) and Sch 2: 4 Apr 2021 (s 2(1) items 2, 6) Sch 1 (items 20–102, 104–1258, 1262–1467): awaiting commencement (s 2(1) items 2, 5) Sch 1 (items 1259, 1260): never commenced (s 2(1) item 3) Sch 1 (item 1261): 8 Dec 2021 (s 2(1) item 4) Remainder: 22 June 2020 (s 2(1) item 1)
Treasury Laws Amendment (2021 Measures No. 5) Act 2021	127, 2021	7 Dec 2021	Sch 3 (items 100–106): 22 June 2020 (s 2(1) item 8)	—
Treasury Laws Amendment (2022 Measures No. 1) Act 2022	35, 2022	9 Aug 2022	Sch 4 (items 6–9): 21 June 2022 (s 2(1) item 5) Sch 4 (item 15): 10 Aug 2022 (s 2(1) item 6)	Sch 4 (item 9)

Endnote 4Amendment history

Provision affected	How affected
s 2.........................................	am No 127, 2021; No 35, 2022
Schedule 1
Part 2
item 359.................................	rs No 127, 2021
rep No 35, 2022
item 1261...............................	am No 127, 2021
item 1315...............................	rs No 127, 2021
rep No 35, 2022
Heading preceding item 1414...	ed C2
item 1414...............................	rs No 127, 2021
rep No 35, 2022
Part 3
Part 3.....................................	rs No 35, 2022
item 1465...............................	rs No 127, 2021
rs No 35, 2022
item 1466...............................	rep No 127, 2021
ad No 35, 2022
item 1467...............................	am No 127, 2021
rs No 35, 2022
item 1468...............................	ad No 35, 2022