[ CCH Note: Pt 9.1A will be inserted by No 69 of 2020, s 3, Sch 2[11] (effective 22 June 2022 or a day or days to be fixed by Proclamation). Pt 9.1A will read:

PART 9.1A - DIRECTOR IDENTIFICATION NUMBERS

SECTION 1272 GIVING AND CANCELLING DIRECTOR IDENTIFICATION NUMBERS  

1272(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.

1272(2)
The Registrar must make a record of the person ' s director identification number.

1272(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.

1272(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.

SECTION 1272A APPLYING FOR A DIRECTOR IDENTIFICATION NUMBER  

1272A(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.

1272A(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).

1272A(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.

1272A(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 ).

SECTION 1272B ELIGIBLE OFFICERS  

1272B(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).

1272B(2)
The Registrar may determine that a particular person is not an eligible officer . The Registrar must notify the person of the determination.

1272B(3)
The Registrar may, by legislative instrument, determine that a class of persons are not eligible officers .

SECTION 1272C REQUIREMENT TO HAVE A DIRECTOR IDENTIFICATION NUMBER  

1272C(1)
An eligible officer must have a director identification number.

1272C(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 .

1272C(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 .

1272C(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 .

1272C(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 .

SECTION 1272D REQUIREMENT TO APPLY FOR A DIRECTOR IDENTIFICATION NUMBER  

1272D(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 .

1272D(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.

1272D(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 .

1272D(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 .

SECTION 1272E REGISTRAR MAY EXTEND APPLICATION PERIODS  

1272E(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 .

1272E(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.

SECTION 1272F INFRINGEMENT NOTICES  

1272F(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

1272F(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

1272F(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

1272F(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.

SECTION 1272G APPLYING FOR ADDITIONAL DIRECTOR IDENTIFICATION NUMBERS  

1272G(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) .

1272G(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 .

1272G(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 .

1272G(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 .

SECTION 1272H MISREPRESENTING DIRECTOR IDENTIFICATION NUMBERS  

1272H(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) .

1272H(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 .]

[ CCH Note: Pt 9.1 will be substituted by No 69 of 2020, s 3, Sch 1 [ 10] (effective 22 June 2022 or a day or days to be fixed by Proclamation). Pt 9.1 will read:

PART 9.1 - MATTERS RELATING TO HANDLING RECORDS AND INFORMATION

Division 1 - The Registrar

Subdivision A - Appointment etc. of the Registrar

SECTION 1270 APPOINTMENT OF THE REGISTRAR  

1270(1)
The Minister may, by notifiable instrument, appoint a Commonwealth body to be the Registrar.

1270(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.

SECTION 1270A FUNCTIONS  
1270A
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).

SECTION 1270B POWERS  
1270B
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.

SECTION 1270C DIRECTIONS BY MINISTER  

1270C(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).

1270C(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.

1270C(3)
A direction under subsection (1) must be of a general nature only.

1270C(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.

1270C(5)
The Registrar must comply with a direction under subsection (1).

SECTION 1270D DELEGATION  

1270D(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.

1270D(2)
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Registrar.

SECTION 1270E ASSISTED DECISION MAKING  

1270E(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.

1270E(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.

1270E(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.

SECTION 1270F Liability for damages  
1270F
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

SECTION 1270G DATA STANDARDS  

1270G(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.

1270G(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.

1270G(3)
Without limiting subsection (1), the data standards may provide differently in relation to different functions or powers of the Registrar.

1270G(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.

SECTION 1270H GIVING INFORMATION TO THE REGISTRAR  

1270H(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.

1270H(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.

SECTION 1270J HOW THE REGISTRAR IS TO PERFORM AND EXERCISE FUNCTIONS AND POWERS  

1270J(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.

1270J(2)
This section does not affect the application to the Registrar of any other law of the Commonwealth.

Subdivision C - Disclosure of information

SECTION 1270K DISCLOSURE FRAMEWORK  

1270K(1)
The Registrar may, by legislative instrument, make a disclosure framework relating to disclosing protected information.

1270K(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.

1270K(3)
Without limiting subsection (1), the disclosure framework may provide differently in relation to different functions or powers of the Registrar under this Act.

1270K(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.

1270K(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).

1270K(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 .

1270K(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.

SECTION 1270L PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION  

1270L(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.

1270L(2)
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3).

1270L(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 .

SECTION 1270M AUTHORISATION OF RECORDING OR DISCLOSURE  

1270M(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.

1270M(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.

1270M(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 .

SECTION 1270N PREVENTING DISCLOSURE OF PARTICULAR PROTECTED INFORMATION  

1270N(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.

1270N(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.

SECTION 1270P AUTHORISATION FOR PURPOSES OF PRIVACY ACT  
1270P
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.

SECTION 1270Q DISCLOSURE TO A COURT  
1270Q
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

SECTION 1270R EXTRACTS OF INFORMATION TO BE ADMISSIBLE IN EVIDENCE  

1270R(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.

1270R(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 .

1270R(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.

1270R(4)
This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995 .

SECTION 1270S ANNUAL REPORT  
1270S
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.

SECTION 1270T RULES  

1270T(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.

1270T(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]

[ CCH Note: S 1275 will be repealed by No 69 of 2020, s 3, Sch 1[1241] (effective 22 June 2022 or a day or days to be fixed by Proclamation).]