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

Schedule 1   Amendments relating to the Registrar

Part 2   Other amendments

Corporations Act 2001

872   Subsections 601CC(2) to (4)

Repeal the subsections, substitute:

(2) If the Registrar has reasonable cause to believe that a registered Australian body does not carry on business interstate, the Registrar may give the body a notice that:

(a) is to that effect; and

(b) informs the body that, if no response showing cause to the contrary is received within 1 month from the date of the notice, the Registrar will publish notice with a view to cancelling the body's registration.

(3) Unless the Registrar receives, within 1 month after the date of the notice, a response to the effect that the body is still carrying on business interstate, the Registrar may:

(a) give the body a notice informing the body that, at the end of 3 months after the date of the notice, the body's registration will, unless cause to the contrary is shown, be cancelled; and

(b) publish the notice.

(4) At the end of the period specified in a notice given under subsection (3), the Registrar:

(a) may, unless cause to the contrary has been shown, cancel the body's registration; and

(b) if the registration is cancelled - must publish notice of the cancellation.

(4A) A response by the body showing cause to the contrary for the purposes of paragraph (2)(b) or (3)(a) must meet any requirements of the data standards.

(4B) However, if ASIC notifies the Registrar of its objection to the cancellation, cause to the contrary is taken to have been shown for the purposes of those paragraphs.