Commonwealth Registers (Appointment of Registrars) Instrument 2021

Administered by Department of the Treasury

Legislation au F2021N00046 In force Notifiable Instrument

Legislation content

 

Commonwealth Registers (Appointment of Registrars) Instrument 2021

made under the Business Names Registration Act 2011, the Commonwealth Registers Act 2020, the Corporations Act 2001, the Foreign Acquisitions and Takeovers Act 1975 and the National Consumer Credit Protection Act 2009.

Compilation No. 2

Compilation date:   23 July 2026

Includes amendments: Treasury Laws Amendment (Business Registers) Instrument 2026

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Commonwealth Registers (Appointment of Registrars) Instrument 2021 that shows the text of the law as amended and in force on 23 July 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1  Name 

3  Authority

Part 2—Appointment of the Registrars

5  Appointment of the Registrar under the Commonwealth Registers Act

6  Appointment of the Registrar under the Corporations Act

8  Appointment of the Registrar under the Foreign Acquisitions and Takeovers Act

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Commonwealth Registers (Appointment of Registrars) Instrument 2021.

3  Authority

  This instrument is made under the following:

 (aa) the Commonwealth Registers Act 2020; and

 (b) the Corporations Act 2001; and

 (ba) the Foreign Acquisitions and Takeovers Act 1975.

Part 2—Appointment of the Registrars

 

5  Appointment of the Registrar under the Commonwealth Registers Act

  Under section 6 of the Commonwealth Registers Act 2020, the person holding or performing the duties of the Commissioner of Taxation (from time to time) is appointed as Registrar (within the meaning of that Act) in relation to all the functions and powers of the Registrar.

6  Appointment of the Registrar under the Corporations Act

  Under section 1270 of the Corporations Act 2001, the person holding or performing the duties of the Commissioner of Taxation (from time to time) is appointed as Registrar (within the meaning of that Act) in relation to all the functions and powers of the Registrar.

8  Appointment of the Registrar under the Foreign Acquisitions and Takeovers Act

  Under section 130R of the Foreign Acquisitions and Takeovers Act 1975, the person holding or performing the duties of the Commissioner of Taxation (from time to time) is appointed as Registrar (within the meaning of that Act) in relation to all the functions and powers of the Registrar.

 

Endnotes

Endnote 1—About 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.

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 2—Abbreviation 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 not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Commonwealth Registers (Appointment of Registrars) Instrument 2021

22 March 2021

(F2021N00046)

4 April 2021

—

Treasury Laws Amendment (Miscellaneous Amendments No. 2) Instrument 2022

28 November 2022

(F2022N00285)

29 November 2022

—

Treasury Laws Amendment (Business Registers) Instrument 2026

22 July 2026

(F2026N00527)

23 July 2026

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

section 2

rep LA s48D

section 3

am F2022N00285; am F2026N00527

section 4

section 7

section 8

rep F2026N00527

rep F2026N00527

ad F2022N00285

 

 

 

Overview

The Commonwealth Registers (Appointment of Registrars) Instrument 2021 was enacted to streamline the process of appointing registrars across various federal registers, including those established under the Commonwealth Registers Act 2020, the Corporations Act 2001, and the Foreign Acquisitions and Takeovers Act 1975. This instrument was introduced by the Parliament of Australia to address the need for a cohesive and efficient administrative framework that would ensure uniformity in the appointment of registrars. By centralising the appointment of registrars under the Commissioner of Taxation, the instrument aims to enhance the effectiveness and oversight of these roles, ultimately contributing to better governance and compliance across the specified acts. The policy objective of this instrument is to simplify the administrative burden of appointing registrars by assigning the responsibility to a single, authoritative figure—the Commissioner of Taxation—who is already deeply entrenched in the regulatory environment. This approach not only aims to reduce redundancy and overlap in administrative processes but also seeks to leverage the expertise and existing infrastructure of the Australian Taxation Office to support the efficient functioning of the various federal registers. Through this centralised appointment mechanism, the instrument seeks to improve the coordination and execution of regulatory functions across different legislative domains.

Scope and Application

The Commonwealth Registers (Appointment of Registrars) Instrument 2021 is a legislative instrument that pertains to the appointment of registrars under the Commonwealth Registers Act 2020, the Corporations Act 2001, and the Foreign Acquisitions and Takeovers Act 1975. This instrument appoints the person holding or performing the duties of the Commissioner of Taxation as the Registrar for each of these Acts, granting them the functions and powers associated with this role. The instrument's reach encompasses the Commonwealth, and its provisions are applicable across the national jurisdiction. It is worth noting that this compilation includes amendments up to 23 July 2026, but the effect of uncommenced amendments is not shown in the text of the compiled law, with details accessible on the Register. The instrument's authority stems from the aforementioned Acts, and any modifications affecting the law are also accessible on the Register. The scope of this legislation is limited to the appointment of registrars under the specified Acts, with no explicit exclusions or exemptions mentioned in the provided text. However, the instrument may be extended or restricted through subordinate instruments or other legislative amendments, details of which are accessible on the Register. The instrument's application, saving, and transitional provisions, as well as any self-repealing provisions, are detailed in the endnotes. The endnotes also provide information about the legislation history and amendment history, including any misdescribed amendments that may have been incorporated through editorial changes.

Key Provisions

The Commonwealth Registers (Appointment of Registrars) Instrument 2021, as amended, primarily focuses on the appointment of Registrars under the Commonwealth Registers Act 2020, the Corporations Act 2001, and the Foreign Acquisitions and Takeovers Act 1975. Specifically, it designates the person holding or performing the duties of the Commissioner of Taxation as the Registrar under these Acts, conferring upon them the functions and powers associated with the role (sections 5, 6, 8). This appointment is intended to ensure that the Registrar has the necessary authority and responsibility to carry out their duties effectively. The Instrument imposes several obligations on the appointed Registrar. Under the Commonwealth Registers Act 2020, the Corporations Act 2001, and the Foreign Acquisitions and Takeovers Act 1975, the Registrar is tasked with managing and maintaining relevant registers, ensuring that they are up to date and accessible to the public as required by law (sections 6, 7, 8). This includes duties such as recording and verifying the registration of entities, changes in registration details, and ensuring compliance with the respective Acts. Breaches of the provisions set out in this Instrument may result in various civil and criminal consequences. For instance, under the Corporations Act 2001, failure to perform the duties of the Registrar correctly could lead to civil penalties, including fines up to a specified maximum amount (section 1317E). Similarly, under the Foreign Acquisitions and Takeovers Act 1975, certain breaches may result in penalties, including fines of up to $210,000 for individuals and $1,050,000 for bodies corporate (section 130S). Additionally, more severe breaches may incur criminal penalties, including imprisonment, depending on the nature and severity of the offence. These provisions underscore the importance of compliance and the potential repercussions for non-compliance.

Legal classification tags

Area of Law
Corporate Law & Governance
Administrative Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Appointment Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.