Treasury Laws Amendment (Strengthening Financial Systems and Other Measures) Act 2025 (72 of 2025)

Schedule 1   Disclosure of information about ownership of listed entities

Part 2   Substantial holding information and tracing beneficial ownership (including deemed economic interests)

Division 3   Tracing beneficial ownership

Corporations Act 2001

35   After section 672B

Insert:

Subdivision B - Information required to be disclosed

672BC Information required to be disclosed

(1) Subject to section 672BD, for the purposes of subsection 672BA(2), a person (the discloser ) who is directed under subsection 672B(1) to make a disclosure in relation to a Chapter 6C body must disclose:

(a) full details of the discloser's own relevant interests in voting securities in the Chapter 6C body, including full details of the circumstances that give rise to the relevant interests; and

(b) if the direction specifies disclosable securities in the Chapter 6C body for the purposes of this paragraph (see subsection (2) of this section) - the name and address of any other person who has a relevant interest in any of the specified disclosable securities, together with full details of:

(i) the nature and extent of the other person's relevant interest; and

(ii) the circumstances that give rise to the other person's relevant interest; and

(c) if the direction specifies disclosable securities in the Chapter 6C body for the purposes of this paragraph (see subsection (2) of this section) - the name and address of each person who has given the discloser instructions about any of the specified disclosable securities in the Chapter 6C body, together with full details of those instructions (including the date or dates on which they were given); and

(d) any other particulars prescribed by the regulations for the purposes of this paragraph in relation to the direction.

(2) For the purposes of paragraph (1)(b) or (c), the direction may specify disclosable securities in the Chapter 6C body. The specified disclosable securities must be:

(a) if paragraph 672B(3)(a) applies to the discloser - disclosable securities the discloser is shown as holding in the Chapter 6C body's register of members; or

(b) if paragraph 672B(3)(b) applies to the discloser - voting securities the discloser was named as:

(i) having a relevant interest in; or

(ii) having given instructions about;

as mentioned in that paragraph; or

(c) if paragraph 672B(3)(c) applies to the discloser - voting securities that are relevant to the suspicion mentioned in that paragraph.

Note: More than one paragraph of subsection 672B(3) may apply to the discloser. For example, the discloser may have been named in a previous disclosure as having a relevant interest in securities and be suspected of having giving instructions about securities, in which case the direction may specify any of those securities.

672BD Information required to be disclosed - limitations

Despite section 672BC, if a person (the discloser ) is directed under subsection 672B(1) to make a disclosure in relation to a Chapter 6C body:

(a) if the direction specifies that the discloser is directed to disclose specified information only (being information covered by subsection 672BC(1)) - the discloser is required to disclose only the specified information; and

(b) a matter referred to in paragraph 672BC(1)(b) need only be disclosed to the extent to which it is known to the discloser.

Note: A defendant bears an evidential burden in relation to the matter in paragraph (b) of this section: see subsection 13.3(3) of the Criminal Code.