Treasury Laws Amendment (Business Registries Stabilisation and Uplift) Act 2026 (57 of 2026)

Schedule 2   ASIC powers

Part 2   Enabling ASIC to obtain an officer's address for service

Corporations Act 2001

5   Subsections 205D(1), (2) and (3)

Repeal the subsections, substitute:

Address is normally the usual residential address, but can be an alternative address

(1) A person's address for the purposes of a notice or application under subsection 5H(2), 117(2), 205B(1), (2) or (4) or 601BC(2) must be:

(a) the person's usual residential address; or

(b) if the person prefers an alternative address, being an address in Australia at which documents can be served on the person - both:

(i) the alternative address; and

(ii) the person's usual residential address.

Note 1: If the person prefers an alternative address, ASIC will not permit the public to access ASIC's record of the person's usual residential address (see subparagraphs 1274(2)(a)(iaa) and (iaaa)).

Note 2: An electronic address for the person also needs to be included in such a notice or application.

ASIC (via the company) needs to have a record of the usual residential address when an alternative address is preferred

(2) A person who takes advantage of paragraph (1)(b) to have an alternative address included in a notice lodged by a company under section 205B must inform the company of each of the following:

(a) if the notice is lodged under subsection 205B(1) or (2) in relation to the person's appointment as a director, alternate director or secretary - the person's usual residential address within 7 days after that appointment;

(b) while the person is a director, alternate director or secretary of the company - any change in the person's usual residential address within 7 days after the change.

(3) If a person takes advantage of paragraph (1)(b) to have an alternative address included in a notice lodged by a company under section 205B, the company must lodge with ASIC each of the following:

(a) a notice of the person's usual residential address within 28 days after the person's appointment as a director, alternate director or secretary of the company;

(b) while the person is a director, alternate director or secretary of the company - a notice of any change in the person's usual residential address within 28 days after the change.

Such a notice must be in the prescribed form.

Note: Such a notice could be in the same document as another notice lodged by the company under subsection 205B(1) or (4).

(3A) An offence based on subsection (2) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Disclosures to the court