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 3   Registers

Corporations Act 2001

54   Section 672DA

Repeal the section, substitute:

672DA Registers of information about relevant interests in Chapter 6C bodies

(1) This section applies if the key person for a Chapter 6C body receives information under this Part.

(2) For the purposes of this Subdivision, it does not matter whether information that the key person receives under this Part is received:

(a) in response to a direction the key person itself gives under section 672B; or

(b) from ASIC under section 672C.

Key persons must keep registers

(3) Subject to subsection (4), the key person must keep a register in accordance with section 672DB and subsection 672DC(1) (including any requirements determined under subsection 672DB(2)).

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

(4) ASIC may, by legislative instrument, determine that subsection (3) of this section does not apply in specified circumstances.

672DB Requirements for registers

(1) Subject to paragraphs (2)(c) and (d), a register that the key person for a Chapter 6C body must keep under subsection 672DA(3) must be a register of the following information that the key person receives under this Part:

(a) details of the nature and extent of a person's relevant interest in disclosable securities in the Chapter 6C body;

(b) details of the circumstances that give rise to a person's relevant interest in disclosable securities in the Chapter 6C body;

(c) the name and address of a person who has a relevant interest in disclosable securities in the Chapter 6C body;

(d) details of instructions that a person has given about:

(i) the acquisition or disposal of disclosable securities in the Chapter 6C body; or

(ii) the exercise of any voting or other rights attached to disclosable securities in the Chapter 6C body; or

(iii) any other matter relating to disclosable securities in the Chapter 6C body;

(e) the name and address of a person who has given instructions of the kind referred to in paragraph (d) of this subsection;

(f) any information required under paragraph (2)(b).

(2) ASIC may, by legislative instrument determine that the register:

(a) must be kept in a specified form; or

(b) must include specified information (in addition to information mentioned in paragraphs (1)(a) to (e)); or

(c) is not required to include specified information mentioned in paragraphs (1)(a) to (e); or

(d) must not include specified information (including information mentioned in paragraphs (1)(a) to (e)); or

(e) must comply with other specified requirements.

(3) A determination made under subsection (2) may apply generally or in specified circumstances.

When information must be entered

(4) If the key person must enter information in the register, the key person must enter the information before the end of 2 business days after the day on which the key person receives the information under this Part.

672DC Where register must be kept

(1) A register that the key person for a Chapter 6C body must keep under subsection 672DA(3) must be kept at:

(a) the key person's registered office; or

(b) the key person's principal place of business in this jurisdiction; or

(c) a place in this jurisdiction (whether or not an office of the key person) where the work involved in maintaining the register is done; or

(d) another place in this jurisdiction approved by ASIC.

(2) For the purposes of an offence based on subsection 672DA(3), strict liability applies in relation to subsection (1) of this section.

(3) The key person must notify ASIC in writing of the address at which the register is kept within 7 days after the register is:

(a) established at a place that:

(i) is not the key person's registered office; and

(ii) is not at the key person's principal place of business in this jurisdiction; or

(b) moved from one place to another.

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

(4) Subsection (3) does not apply to moving the register between the registered office and the principal place of business in this jurisdiction.

(5) An offence based on subsection (3) is an offence of strict liability.

672DD Registers must be open for inspection etc.

(1) This section applies in relation to a register that the key person for a Chapter 6C body keeps under subsection 672DA(3).

(2) The register must be open for inspection:

(a) by any member of the Chapter 6C body - without charge; and

(b) by an academic or journalist - without charge; and

(c) by any other person:

(i) if the key person requires the payment of a fee for the inspection - on payment of the fee; or

(ii) if the key person does not require the payment of a fee for the inspection - without charge.

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

(3) The amount of the fee required by the key person under subparagraph (2)(c)(i) must not exceed the amount prescribed by the regulations for the purposes of this subsection.

(4) A person may request the key person to give to the person a copy of the register (or any part of the register).

(5) If such a request is made, the key person must give the person the copy:

(a) if the key person requires payment of a fee for the copy:

(i) before the end of 21 days after the day on which the payment of the fee is received by the key person; or

(ii) within such longer period as ASIC approves in writing; or

(b) if the key person does not require payment of a fee for the copy:

(i) before the end of 21 days after the day on which the request is made; or

(ii) within such longer period as ASIC approves in writing.

Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

(6) The amount of the fee required by the key person under paragraph (5)(a) must not exceed the amount prescribed by the regulations for the purposes of this subsection.