EXPLANATORY STATEMENT
Issued by authority of the Assistant Minister for Productivity, Competition, Charities and Treasury
Business Names Registration Act 2011
Commonwealth Registers Act 2020
Corporations Act 2001
National Consumer Credit Protection Act 2009
Commonwealth Registers (Repeal) Rules 2026
The following provisions provide that the Minister may, by legislative instrument, make Rules prescribing matters required or permitted by the relevant Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the relevant Act: section 62U of the Business Names Registration Act 2011, section 25 of the Commonwealth Registers Act 2020, section 1270T of the Corporations Act 2001, and section 212U of the National Consumer Credit Protection Act 2009 (together, the Registries Acts).
The following provisions empower rules to prescribe additional functions for the Registrar under those Acts: paragraph 62B(b) of the Business Names Registration Act 2011, paragraph 7(b) of the Commonwealth Registers Act 2020, paragraph 1270A(b) of the Corporations Act 2001, and paragraph 212B(b) of the National Consumer Credit Protection Act 2009.
Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The purpose of the Commonwealth Registers (Repeal) Rules 2026 (the Rules) is to repeal the Commonwealth Registers Rules 2021 (the previous rules), which prescribed additional functions for the Registrar. Those functions were to enable the Registrar to carry out various preparatory activities necessary for the transfer of registry functions from the Australian Securities and Investments Commission (ASIC) to the Registrar. A separate instrument appointed the Commissioner of Taxation as the Registrar.
The previous rules were prescribed as part of the implementation of the Modernising Business Registers (MBR) Program. On 28 August 2023, following an independent review, the Government announced the MBR program would cease. It was announced that responsibility and resources for business registers would return to ASIC from the Australian Taxation Office (ATO).
This means the previous rules are redundant. There is no longer any need for the Commissioner of Taxation to exercise the additional functions. Further, subject to the enactment of the Treasury Laws Amendment (Business Registries Stabilisation and Uplift) Bill 2026, the empowering provisions cited above in the Business Names Registration Act 2011 and National Consumer Credit Protection Act 2009 are also being repealed.
The Registries Acts do not specify any conditions that need to be satisfied before the power to make the Rules may be exercised.
The ATO and ASIC were consulted on the Rules. No public consultation was considered necessary, as the Rules are merely a technical repeal of redundant provisions.
Sunsetting is not relevant for the Rules, which are themselves automatically repealed by section 48A of the Legislation Act 2003. The Rules have no function other than to repeal the previous rules in their entirety.
The Rules are subject to disallowance.
The Rules are a legislative instrument for the purposes of the Legislation Act 2003.
The Rules commenced on the day after registration on the Federal Register of Legislation.
Details of the Rules are set out in Attachment A.
A statement of Compatibility with Human Rights is at Attachment B.
ATTACHMENT A
Details of the Commonwealth Registers (Repeal) Rules 2026
Section 1 – Name
This section provides that the name of the instrument is the Commonwealth Registers (Repeal) Rules 2026 (the Rules).
Section 2 – Commencement
The Rules commenced on the day after registration on the Federal Register of Legislation.
Section 3 – Authority
The Rules are made under the following Acts:
- the Business Names Registration Act 2011; and
- the Commonwealth Registers Act 2020; and
- the Corporations Act 2001; and
- the National Consumer Credit Protection Act 2009.
Section 4 – Schedules
This section provides that each instrument that is specified in the Schedules to this instrument is amended or repealed as set out in the applicable items in the Schedules, and any other item in the Schedules to this instrument has effect according to its terms.
Schedule 1—Repeals
Item 1 repeals the whole of the Commonwealth Registers Rules 2021, which provided for additional functions of the Registrar that are now redundant with the ceasing of the Modernising Business Registers Program.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Commonwealth Registers (Repeal) Rules 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Rules repeal the Commonwealth Registers Rules 2021, which provided for additional functions of the Commissioner of Taxation (as appointed Registrar). These were to carry out various preparatory activities necessary for the transfer of registry functions from the Australian Securities and Investments Commission to the Registrar. These additional functions are now redundant with the ceasing of the Modernising Business Registers Program.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.