Corporations Act 2001

Modifying legislative instruments: The application of Ch 6C is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Warrants: Relevant Interests and Associations) Instrument 2023/687; and the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.

For legislative instruments or class orders before 1 January 2022 that affect the application of Ch 6C, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.

[ CCH Note: Ch 6C heading will be amended by No 72 of 2025, s 3, Sch 1[5], by substituting " CERTAIN LISTED ENTITIES " for " LISTED COMPANIES, LISTED REGISTERED SCHEMES AND LISTED NOTIFIED FOREIGN PASSPORT FUNDS " , (effective 4 December 2026).]

[ CCH Note: Pt 6C.1A heading will be inserted by No 72 of 2025, s 3, Sch 1[2] (effective 4 December 2026). Pt 6C.1A heading will read:

PART 6C.1A - PRELIMINARY

Division 1 - Chapter 6C bodies]

[ CCH Note: S 671A will be substituted by No 72 of 2025, s 3, Sch 1[3] (effective 4 December 2026). S 671A will read:

SECTION 671A CHAPTER 6C BODIES  
671A
If column 1 of an item of the following table applies to an entity:

(a) the entity is a Chapter 6C body ; and

(b) the person mentioned in column 2 of the item is the key person for the Chapter 6C body; and

(c) a security mentioned in column 3 of the item is a voting security in the Chapter 6C body; and

(d) a security mentioned in column 4 of the item is a disclosable security in the Chapter 6C body.

Chapter 6C bodies
Item	Column 1 Chapter 6C body	Column 2 Key person	Column 3 Voting security	Column 4 Disclosable security
1	a listed company	the company	a voting share in the company	a share in the company
2	a listed registered scheme	the responsible entity of the scheme	a voting interest in the scheme	an interest in the scheme
3	a listed notified foreign passport fund	the operator of the fund	a voting interest in the fund	an interest in the fund
4	a listed body (other than a company, registered scheme or notified foreign passport fund) incorporated or formed in Australia	the body	a voting share in the body	a share in the body
5	a listed body (other than a company, registered scheme or notified foreign passport fund) that is not incorporated or formed in Australia	the body	a voting share in the body	a share in the body]

[ CCH Note: Div 2 will be inserted by No 72 of 2025, s 3, Sch 1[16] (effective 4 December 2026). Div 2 will read:

Division 2 - Deemed economic interests

Subdivision A - Physically settleable derivatives

SECTION 671AA BASIC RULE  
Scope of this section

671AA(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person (the first person ):

(i) has entered or enters into an agreement with another person; or

(ii) has given or gives another person an enforceable right, or has been or is given an enforceable right by another person, (whether the right is enforceable presently or in the future and whether or not on the fulfilment of a condition); or

(iii) has granted or grants an option to, or has been or is granted an option by, another person;

(b) the agreement is a derivative, the enforceable right is given by a derivative or the option is a derivative;

(c) under the derivative the first person must, or may be required to, provide at some future time consideration of a particular kind or kinds to someone that, if provided, would result in the other person having a relevant interest in a number of securities of a particular class in a Chapter 6C body.

Note: In this Chapter, agreement means a relevant agreement: see section 9 .

671AA(2)
For the purposes of paragraph (1)(c) , do not include in the number of securities:

(a) securities in which the other person has a relevant interest; or

(b) securities that would be issued as, or as part of, the consideration.

Other person has deemed economic interest

671AA(3)
Subject to Subdivision C , the other person has a deemed economic interest in the number, mentioned in paragraph (1)(c) , of issued securities of that class in the Chapter 6C body.

SECTION 671AB EXTENSION TO CONTROLLING DISPOSAL OF DERIVATIVES  
Scope of this section

671AB(1)
This section applies if:

(a) a person (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body under this Subdivision because of a derivative; and

(b) another person has power:

(i) to dispose of; or

(ii) to control the exercise of a power to dispose of;

the derivative.

If 2 or more persons can jointly exercise one of the powers mentioned in paragraph (b) , each of them is taken to have that power.

Other person has deemed economic interest

671AB(2)
Subject to Subdivision C , the other person has a deemed economic interest in the number, mentioned in paragraph (1)(a) , of issued securities of that class in the Chapter 6C body.

Power or control

671AB(3)
In this section, power or control includes:

(a) power or control that is indirect; and

(b) power or control that is, or can be, exercised as a result of, by means of or by the revocation or breach of:

(i) a trust; or

(ii) an agreement; or

(iii) a practice; or

(iv) any combination of them;

whether or not they are enforceable; and

(c) power or control that is, or can be made, subject to restraint or restriction.

It does not matter whether the power or control is express or implied, formal or informal or exercisable alone or jointly with someone else. It does not matter that the power or control cannot be related to a particular derivative.

SECTION 671AC EXTENSION TO DEEMED ECONOMIC INTERESTS HELD THROUGH BODIES CORPORATE  
Scope of this section

671AC(1)
This section applies if:

(a) a body corporate or managed investment scheme (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body under this Subdivision; and

(b) either or both of the following subparagraphs apply:

(i) another person ' s voting power in the first person is above 20%;

(ii) another person controls the first person.

671AC(2)
Subparagraph (1)(b)(i) does not apply if the deemed economic interest mentioned in paragraph (1)(a) is a deemed economic interest that the first person itself has merely because of the operation of this section (disregarding subparagraph (1)(b)(ii) ) in relation to another body corporate or managed investment scheme.

Other person has deemed economic interest

671AC(3)
Subject to Subdivision C , the other person has the deemed economic interest mentioned in paragraph (1)(a) .

Control

671AC(4)
For the purposes of subparagraph (1)(b)(ii) , a person controls a body corporate if the person has the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AC(5)
In determining whether a person has this capacity:

(a) the practical influence the person can exert (rather than the rights the person can enforce) is the issue to be addressed; and

(b) any practice or pattern of behaviour affecting the body corporate ' s financial or operating policies is to be taken into account (even if it involves a breach of an agreement or a breach of trust).

671AC(6)
A person does not control the body corporate merely because the person and an entity that is not an associate jointly have the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AC(7)
A person is not taken to control a body corporate merely because of a capacity the person has if the person is under a legal obligation to exercise that capacity for the benefit of:

(a) if the person is an individual - someone else; or

(b) if the person is a body corporate - someone other than its members.

SECTION 671AD EXTENSION TO CONTROL IN ANTICIPATION OF PERFORMANCE OF AGREEMENTS ETC.  
Scope of this section

671AD(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body because of a derivative;

(b) the first person (whether before or after acquiring the deemed economic interest):

(i) has entered or enters into an agreement with another person with respect to the derivative; or

(ii) has given or gives another person an enforceable right, or has been or is given an enforceable right by another person, in relation to the derivative (whether the right is enforceable presently or in the future and whether or not on the fulfilment of a condition); or

(iii) has granted or grants an option to, or has been or is granted an option by, another person with respect to the derivative;

(c) the other person would have a deemed economic interest in a number of issued securities of that class in the Chapter 6C body under this Subdivision if the agreement were performed, the right enforced or the option exercised.

Other person has deemed economic interest

671AD(2)
Subject to Subdivision C , the other person is taken to already have a deemed economic interest in the number, mentioned in paragraph (1)(c) , of securities of that class in the Chapter 6C body.

SECTION 671AE EXTENSIONS - NO DOUBLE-COUNTING  

671AE(1)
This section applies for the purposes of section 671AB , 671AC or 671AD (the extension provision ).

671AE(2)
In applying paragraph 671AA(1)(c) for the purposes of the extension provision, do not include in the number of securities any securities in which the other person mentioned in the extension provision has a relevant interest.

Subdivision B - Non-physically settleable derivatives

SECTION 671AF BASIC RULE  
Scope of this section

671AF(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person (the first person ) has entered or enters into an arrangement with another person;

(b) the arrangement is a derivative;

(c) the consideration that the first person must, or may be required to, provide at some future time under the derivative to someone, or the value of the derivative:

(i) is ultimately determined by; or

(ii) is ultimately derived from; or

(iii) varies by reference to;

the value of issued securities of a particular class in a Chapter 6C body (wholly or in part);

(d) either or both of the following subparagraphs apply:

(i) the derivative gives the other person, in economic substance, the financial benefits of holding issued securities in the class for a period determined under the derivative;

(ii) under the derivative, the other person might benefit if the value of issued securities in the class increases (rather than decreases).

671AF(2)
For the purposes of subparagraph (1)(d)(i) , the derivative is taken not to give the other person the financial benefits of holding:

(a) securities in which the other person has a relevant interest; or

(b) a number of securities in which the other person has a deemed economic interest under Subdivision A (or would have apart from paragraph 671AA(2)(b) ).

671AF(3)
For the purposes of subparagraph (1)(d)(ii) , disregard a benefit:

(a) to the extent that it relates to securities in which the other person has a relevant interest; or

(b) if the other person has a deemed economic interest in securities of the class in the Chapter 6C body under section 671AA because of the derivative (or would have apart from paragraph 671AA(2)(b) ) - to the extent that the benefit would result from the requirement described in paragraph 671AA(1)(c) .

671AF(4)
For the purposes of subparagraph (1)(d)(ii) , disregard any benefit to the other person that might occur under the derivative if the value of issued securities in the class decreases (rather than increases) (including a benefit that offsets, in whole or in part, any detriment to the other person that occurs under the derivative because of the decrease).

Other person has deemed economic interest

671AF(5)
Subject to Subdivision C , the other person has a deemed economic interest in the number of issued securities of that class in the Chapter 6C body determined under section 671AK .

Determinations

671AF(6)
Subsections (2) to (4) of this section do not limit section 671AK .

SECTION 671AG EXTENSION TO CONTROLLING DISPOSAL OF DERIVATIVES  
Scope of this section

671AG(1)
This section applies if:

(a) a person (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body under this Subdivision because of a derivative; and

(b) another person has the power:

(i) to dispose of; or

(ii) to control the exercise of a power to dispose of;

the derivative.

If 2 or more persons can jointly exercise one of the powers mentioned in paragraph (b) , each of them is taken to have that power.

Other person has deemed economic interest

671AG(2)
Subject to Subdivision C , the other person has a deemed economic interest in the following number of issued securities of that class in the Chapter 6C body:

(a) the number determined under section 671AK ;

(b) if no number is determined - the number mentioned in paragraph (1)(a) of this section.

Power or control

671AG(3)
In this section, power or control includes:

(a) power or control that is indirect; and

(b) power or control that is, or can be, exercised as a result of, by means of or by the revocation or breach of:

(i) a trust; or

(ii) an agreement; or

(iii) a practice; or

(iv) any combination of them;

whether or not they are enforceable; and

(c) power or control that is, or can be made, subject to restraint or restriction.

It does not matter whether the power or control is express or implied, formal or informal or exercisable alone or jointly with someone else. It does not matter that the power or control cannot be related to a particular derivative.

SECTION 671AH EXTENSION TO DEEMED ECONOMIC INTERESTS HELD THROUGH BODIES CORPORATE  
Scope of this section

671AH(1)
This section applies if:

(a) a body corporate or managed investment scheme (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body under this Subdivision; and

(b) either or both of the following subparagraphs apply:

(i) another person ' s voting power in the first person is above 20%;

(ii) another person controls the first person.

671AH(2)
Subparagraph (1)(b)(i) does not apply if the deemed economic interest mentioned in paragraph (1)(a) is a deemed economic interest that the first person itself has merely because of the operation of this section (disregarding subparagraph (1)(b)(ii) ) in relation to another body corporate or managed investment scheme.

Other person has deemed economic interest

671AH(3)
Subject to Subdivision C , the other person has a deemed economic interest in the following number of issued securities of that class in the Chapter 6C body:

(a) the number determined under section 671AK ;

(b) if no number is determined - the number mentioned in paragraph (1)(a) of this section.

Control

671AH(4)
For the purposes of subparagraph (1)(b)(ii) of this section, a person controls a body corporate if the person has the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AH(5)
In determining whether a person has this capacity:

(a) the practical influence the person can exert (rather than the rights the person can enforce) is the issue to be addressed; and

(b) any practice or pattern of behaviour affecting the body corporate ' s financial or operating policies is to be taken into account (even if it involves a breach of an agreement or a breach of trust).

671AH(6)
A person does not control the body corporate merely because the person and an entity that is not an associate jointly have the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AH(7)
A person is not taken to control a body corporate merely because of a capacity the person has if the person is under a legal obligation to exercise that capacity for the benefit of:

(a) if the person is an individual - someone else; or

(b) if the person is a body corporate - someone other than its members.

SECTION 671AI EXTENSION TO CONTROL IN ANTICIPATION OF PERFORMANCE OF AGREEMENTS ETC.  
Scope of this section

671AI(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person (the first person ) has a deemed economic interest in a number of issued securities of a particular class in a Chapter 6C body because of a derivative;

(b) the first person (whether before or after acquiring the deemed economic interest):

(i) has entered or enters into an agreement with another person with respect to the derivative; or

(ii) has given or gives another person an enforceable right, or has been or is given an enforceable right by another person, in relation to the derivative (whether the right is enforceable presently or in the future and whether or not on the fulfilment of a condition); or

(iii) has granted or grants an option to, or has been or is granted an option by, another person with respect to the derivative;

(c) the other person would have a deemed economic interest in a number of issued securities of that class in the Chapter 6C body under this Subdivision if the agreement were performed, the right enforced or the option exercised.

Other person has deemed economic interest

671AI(2)
Subject to Subdivision C , the other person is taken to already have a deemed economic interest in the following number of securities of that class in the Chapter 6C body:

(a) the number determined under section 671AK ;

(b) if no number is determined - the number mentioned in paragraph (1)(c) of this section.

SECTION 671AJ EXTENSIONS - NO DOUBLE-COUNTING  

671AJ(1)
This section applies for the purposes of section 671AG , 671AH or 671AI (the extension provision ).

671AJ(2)
In applying subparagraph 671AF(1)(d)(i) for the purposes of the extension provision, a derivative is taken not to give the other person mentioned in that subparagraph the financial benefits of holding:

(a) securities in which the other person mentioned in the extension provision has a relevant interest; or

(b) a number of securities in which the other person mentioned in the extension provision has a deemed economic interest under Subdivision A (or would have apart from paragraph 671AA(2)(b) ).

671AJ(3)
In applying subparagraph 671AF(1)(d)(ii) for the purposes of the extension provision, disregard a benefit:

(a) to the extent that it relates to securities in which the other person mentioned in the extension provision has a relevant interest; or

(b) if the other person mentioned in the extension provision has a deemed economic interest in securities of the class in the Chapter 6C body under section 671AA because of the derivative (or would have apart from paragraph 671AA(2)(b) ) - to the extent that the benefit would occur because of the requirement described in paragraph 671AA(1)(c) .

SECTION 671AK DETERMINATIONS  

671AK(1)
For the purposes of subsection 671AF(5) or paragraph 671AG(2)(a) , 671AH(3)(a) or 671AI(2)(a) , ASIC may, by legislative instrument, determine the number, or a method of working out the number, of issued securities in which a person has a deemed economic interest.

Note: The number may be zero.

671AK(2)
Without limiting subsection (1) of this section, a method determined under that subsection may:

(a) provide for the person to choose between different specified methods, or between methods that meet specified requirements; or

(b) require the number of issued securities to be recalculated:

(i) in specified circumstances; or

(ii) at a specified time.

Subdivision C - Situations not giving rise to deemed economic interests

SECTION 671AL MONEY LENDING AND FINANCIAL ACCOMMODATION  

671AL(1)
A person does not have a deemed economic interest in a number of securities merely because of a security interest taken or acquired by the person, if:

(a) the security interest is taken or acquired:

(i) in the ordinary course of the person ' s business of the provision of financial accommodation by any means and on ordinary commercial terms; or

(ii) for the benefit of one or more other persons in relation to financial accommodation provided by the other persons in the ordinary course of their business of the provision of financial accommodation by any means and on ordinary commercial terms; and

(b) the person whose property is subject to the security interest is not an associate of any other person mentioned in this subsection.

671AL(2)
In this section, a reference to a security interest includes a reference to a negative pledge.

SECTION 671AM NOMINEES AND OTHER TRUSTEES  
671AM
A person who would otherwise have a deemed economic interest in a number of securities as a bare trustee does not have a deemed economic interest in the number of securities if a beneficiary under the trust has a deemed economic interest in the number of securities because of a presently enforceable and unconditional right of the kind referred to in section 671AD or 671AI .

Note: This section will often apply to a person who holds derivatives as a nominee.

SECTION 671AN DIRECTORS OF BODIES CORPORATE  
671AN
A person does not have a deemed economic interest in a number of securities merely because:

(a) the person is a director of a body corporate; and

(b) the body corporate has a deemed economic interest in a number of those securities.

SECTION 671AO CLIENT SERVICES AND MARKET MAKING  

671AO(1)
A person does not have a deemed economic interest in a number of securities in a Chapter 6C body in the circumstances determined under subsection (2) .

671AO(2)
Subject to subsections (3) and (4) , ASIC may, by legislative instrument, determine circumstances for the purposes of subsection (1) in relation to securities in a Chapter 6C body.

671AO(3)
The circumstances must relate to a transaction entered into:

(a) in the ordinary course of a business carried on by:

(i) an Australian ADI; or

(ii) a financial services licensee; or

(iii) a CS facility licensee; or

(iv) an equivalent, under a foreign law, of an Australian ADI, financial services licensee or CS facility licensee; and

(b) for the purposes of:

(i) facilitating the obtaining by a client, at the client ' s request, of economic exposure to changes in the value of securities; or

(ii) making a market in securities or derivatives; or

(iii) hedging a position, or otherwise managing a risk, created by another transaction to which this subsection applies.

671AO(4)
ASIC may determine circumstances under subsection (2) if ASIC believes that doing so would be appropriate, having regard to the following matters:

(a) the nature of the information that, apart from the determination, would be required to be given under this Act because a person has a deemed economic interest in the securities in those circumstances, including:

(i) the frequency with which the information would be required to be given; and

(ii) the extent to which giving the information would benefit investors and market participants; and

(iii) whether giving the information would reduce the usefulness of other information given under this Act;

(b) the likelihood that, and extent to which, in those circumstances:

(i) the entity mentioned in paragraph (3)(a) ; or

(ii) an associate of the entity mentioned in paragraph (3)(a) ;

would exercise a capacity to determine, would influence, or would attempt to influence, the outcome of decisions about the Chapter 6C body ' s financial and operating policies;

(c) the nature and size of the economic exposure of the entity mentioned in paragraph (3)(a) to changes in the value of the securities in those circumstances;

(d) whether the entity mentioned in paragraph (3)(a) has adequate systems to distinguish between transactions to which subsection (3) applies and other transactions;

(e) any other matter ASIC considers relevant.

Requirement to give information

671AO(5)
The determination may require a person who would have a deemed economic interest apart from the determination to give specified information or documents to a specified person.

671AO(6)
A person must comply with a requirement included in the determination under subsection (5) .

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

SECTION 671AP ARRANGEMENTS BETWEEN RELATED BODIES CORPORATE  
671AP
Section 671AA , 671AB , 671AC , 671AD , 671AF , 671AG , 671AH or 671AI does not apply in relation to a derivative if:

(a) the first person mentioned in that section; and

(b) the other person mentioned in that section; and

(c) all other persons (if any) who would, apart from this section, have deemed economic interests because of the derivative;

are bodies corporate that are related to each other.

SECTION 671AQ PRESCRIBED EXCLUSIONS  
671AQ
A person does not have a deemed economic interest in a number of securities in the circumstances specified in the regulations for the purposes of this section.

Subdivision D - Other provisions

SECTION 671AR CHAPTER 6C BODY MAY HAVE DEEMED ECONOMIC INTEREST IN ITS OWN SECURITIES  
671AR
This Division may result in a Chapter 6C body having a deemed economic interest in its own securities.

Division 3 - Offsetting short positions

Subdivision A - Offsetting short positions

SECTION 671AS BASIC RULE  
Scope of this section

671AS(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person has entered or enters into an arrangement with another person;

(b) the arrangement is a derivative;

(c) the consideration that the person must, or may be required to, provide at some future time under the derivative to someone, or the value of the derivative:

(i) is ultimately determined by; or

(ii) is ultimately derived from; or

(iii) varies by reference to;

the value of issued securities of a particular class in a Chapter 6C body (wholly or in part);

(d) under the derivative, the other person might benefit if the value of issued securities in the class decreases (rather than increases).

671AS(2)
For the purposes of paragraph (1)(d) , disregard any benefit to the person that might occur under the derivative if the value of issued securities in the class increases (rather than decreases) (including a benefit that offsets, in whole or in part, any detriment to the person that occurs under the derivative because of the increase).

Other person has offsetting short position

671AS(3)
Subject to Subdivision B , the other person has an offsetting short position in the number of issued securities of that class in the Chapter 6C body determined under section 671AW .

Determinations

671AS(4)
Subsection (2) does not limit section 671AW .

SECTION 671AT EXTENSION TO CONTROLLING DISPOSAL OF DERIVATIVES  
Scope of this section

671AT(1)
This section applies if:

(a) a person (the first person ) has an offsetting short position in a number of issued securities of a particular class in a Chapter 6C body because of a derivative; and

(b) another person has power:

(i) to dispose of; or

(ii) to control the exercise of a power to dispose of;

the derivative.

If 2 or more persons can jointly exercise one of the powers mentioned in paragraph (b) , each of them is taken to have that power.

Other person has offsetting short position

671AT(2)
Subject to Subdivision B , the other person has an offsetting short position in the number of issued securities of that class in the Chapter 6C body determined under section 671AW .

Power or control

671AT(3)
In this section, power or control includes:

(a) power or control that is indirect; and

(b) power or control that is, or can be, exercised as a result of, by means of or by the revocation or breach of:

(i) a trust; or

(ii) an agreement; or

(iii) a practice; or

(iv) any combination of them;

whether or not they are enforceable; and

(c) power or control that is, or can be made, subject to restraint or restriction.

It does not matter whether the power or control is express or implied, formal or informal or exercisable alone or jointly with someone else. It does not matter that the power or control cannot be related to a particular derivative.

SECTION 671AU EXTENSION TO OFFSETTING SHORT POSITIONS HELD THROUGH BODIES CORPORATE  
Scope of this section

671AU(1)
This section applies if:

(a) a body corporate or managed investment scheme (the first person ) has an offsetting short position in a number of issued securities of a particular class in a Chapter 6C body; and

(b) either or both of the following subparagraphs apply:

(i) another person ' s voting power in the first person is above 20%;

(ii) another person controls the first person.

671AU(2)
Subparagraph (1)(b)(i) does not apply if the offsetting short position mentioned in paragraph (1)(a) is an offsetting short position that the first person itself has merely because of the operation of this section (disregarding subparagraph (1)(b)(ii) ) in relation to another body corporate or managed investment scheme.

Other person has offsetting short position

671AU(3)
Subject to Subdivision B , the other person has an offsetting short position in the number of issued securities of the class in the Chapter 6C body determined under section 671AW .

Control

671AU(4)
For the purposes of subparagraph (1)(b)(ii) of this section, a person controls a body corporate if the person has the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AU(5)
In determining whether a person has this capacity:

(a) the practical influence the person can exert (rather than the rights the person can enforce) is the issue to be addressed; and

(b) any practice or pattern of behaviour affecting the body corporate ' s financial or operating policies is to be taken into account (even if it involves a breach of an agreement or a breach of trust).

671AU(6)
A person does not control the body corporate merely because the person and an entity that is not an associate jointly have the capacity to determine the outcome of decisions about the body corporate ' s financial and operating policies.

671AU(7)
A person is not taken to control a body corporate merely because of a capacity the person has if the person is under a legal obligation to exercise that capacity for the benefit of:

(a) if the person is an individual - someone else; or

(b) if the person is a body corporate - someone other than its members.

SECTION 671AV EXTENSION TO CONTROL IN ANTICIPATION OF PERFORMANCE OF AGREEMENTS ETC.  
Scope of this section

671AV(1)
This section applies if, at a particular time, all of the following conditions are satisfied:

(a) a person (the first person ) has an offsetting short position in a number of issued securities of a particular class in a Chapter 6C body because of a derivative;

(b) the first person (whether before or after acquiring the deemed economic interest):

(i) has entered or enters into an agreement with another person with respect to the derivative; or

(ii) has given or gives another person an enforceable right, or has been or is given an enforceable right by another person, in relation to the derivative (whether the right is enforceable presently or in the future and whether or not on the fulfilment of a condition); or

(iii) has granted or grants an option to, or has been or is granted an option by, another person with respect to the derivative;

(c) the other person would have an offsetting short position in a number of issued securities of that class in the Chapter 6C body if the agreement were performed, the right enforced or the option exercised.

Other person has offsetting short position

671AV(2)
Subject to Subdivision B , the other person is taken to already have an offsetting short position in a number of securities of that class in the Chapter 6C body determined under section 671AW .

SECTION 671AW DETERMINATIONS  

671AW(1)
For the purposes of subsection 671AS(3) , 671AT(2) , 671AU(3) or 671AV(2) , ASIC may, by legislative instrument, determine the number, or a method of working out the number, of issued securities in which a person has an offsetting short position.

Note: The number may be zero.

671AW(2)
Without limiting subsection (1) of this section, a method determined under that subsection may:

(a) provide for the person to choose between different specified methods, or between methods that meet specified requirements; or

(b) require the number of issued securities to be recalculated:

(i) in specified circumstances; or

(ii) at a specified time.

Subdivision B - Situations not giving rise to offsetting short positions

SECTION 671AX PRESCRIBED EXCLUSIONS  
671AX
A person does not have an offsetting short position in a number of securities in the circumstances specified in the regulations for the purposes of this section.]

[ CCH Note: Div 1 heading will be inserted by No 72 of 2025, s 3, Sch 1[30] (effective 4 December 2026). Div 1 heading will read:

Division 1 - Directions by ASIC

Subdivision A - Disclosure notices]

[ CCH Note: S 672A will be substituted by No 72 of 2025, s 3, Sch 1[31] (effective 4 December 2026). S 672A will read:

SECTION 672A DISCLOSURE NOTICES  
672A
ASIC may direct:

(a) a member of a Chapter 6C body; or

(b) a person named in a previous disclosure under section 672AB as:

(i) having a relevant interest in voting securities in a Chapter 6C body; or

(ii) having given instructions about voting securities in a Chapter 6C body; or

(c) a person whom ASIC suspects, on reasonable grounds:

(i) has a relevant interest in voting securities in a Chapter 6C body; or

(ii) has given instructions about voting securities in a Chapter 6C body; or

(iii) is an associate of a person to whom subparagraph (i) or (ii) applies in relation to voting securities in the Chapter 6C body; or

(d) a person named in a previous disclosure under section 672AB as:

(i) having a deemed economic interest in a number of voting securities of a particular class in a Chapter 6C body; or

(ii) having given instructions about derivatives relating to a Chapter 6C body; or

(e) a person whom ASIC suspects, on reasonable grounds:

(i) has a deemed economic interest in a number of voting securities of a particular class in a Chapter 6C body; or

(ii) has given instructions about derivatives relating to a Chapter 6C body; or

(iii) is an associate of a person to whom subparagraph (i) or (ii) applies in relation to voting securities of a particular class in the Chapter 6C body;

to make the disclosure required by section 672AB in relation to the Chapter 6C body.

SECTION 672AA SERVICE OF DISCLOSURE NOTICES  

672AA(1)
Without limiting section 672A , ASIC may give a direction under that section by:

(a) sending the direction by:

(i) pre-paid post; or

(ii) pre-paid courier service;

to an address that it is reasonable for ASIC to send the direction to; or

(b) emailing the direction to an email address that it is reasonable for ASIC to email the direction to.

672AA(2)
If:

(a) ASIC gives a direction to a person in the way described in paragraph (1)(a) of this section; and

(b) the direction specifies a way for the person to notify ASIC that the person has received the direction; and

(c) ASIC does not, during the 21 days starting on the day ASIC posts the direction or gives it to the courier, receive a notification from the person, in that specified way, that the person has received the direction;

the person is taken to receive the direction on the last of those 21 days, unless it is proved that the person received the direction earlier.

672AA(3)
If:

(a) ASIC emails a direction to a person in the way described in paragraph (1)(b) ; and

(b) the direction specifies a way for the person to notify ASIC that the person has received the direction; and

(c) ASIC does not, during the 7 days starting when ASIC emails the direction, receive a notification from the person, in that specified way, that the person has received the direction;
the person is taken to receive the direction on the last of those 7 days, unless it is proved that the person received the direction earlier.

SECTION 672AB COMPLIANCE WITH DIRECTION  

672AB(1)
This section applies if a person (the discloser ) is directed under section 672A to make the disclosure required by this section in relation to a Chapter 6C body.

672AB(2)
The discloser must, in accordance with sections 672AC and 672AF , disclose to ASIC the information required by section 672AD .

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

672AB(3)
An offence based on subsection (2) of this section is an offence of strict liability.

SECTION 672AC DEADLINE FOR DISCLOSURE  
672AC
For the purposes of subsection 672AB(2) , a person (the discloser ) who is directed under section 672A to make a disclosure in relation to a Chapter 6C body must make the disclosure within 2 business days after:

(a) the discloser is given the direction; or

(b) if:

(i) the discloser applies for an exemption under section 673 from the obligation to make the disclosure; and

(ii) ASIC refuses to grant the exemption;

ASIC notifies the discloser of its decision on the application.]

[ CCH Note 1: Subdiv B will be inserted by No 72 of 2025, s 3, Sch 1[32] (effective 4 December 2026). Subdiv B will read:

Subdivision B - Information required to be disclosed

SECTION 672AD INFORMATION REQUIRED TO BE DISCLOSED  

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

(a) full details of the discloser ' s own relevant interests and deemed economic interests in voting securities in the Chapter 6C body, including full details of:

(i) the circumstances that give rise to the relevant interests and deemed economic interests; and

(ii) if the discloser has a relevant interest under subsection 608(8) in voting securities in the Chapter 6C body, or deemed economic interests in voting securities in the Chapter 6C body - any offsetting short positions of the discloser in voting securities in the Chapter 6C body; and

(b) full details of any agreement through which the discloser would have a relevant interest, deemed economic interest or offsetting short position in voting securities in the Chapter 6C body; and

(c) the name of each associate of the discloser, together with full details of the nature of the discloser ' s association with the associate; and

(d) the name and address of any other person who has a deemed economic interest in voting securities in the Chapter 6C body, together with full details of:

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

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

(e) the name and address of each person who has given the discloser instructions about derivatives relating to the Chapter 6C body, together with full details of those instructions (including the date or dates on which they were given); and

(f) any other particulars:

(i) prescribed by the regulations for the purposes of this subparagraph in relation to the direction; or

(ii) determined under subsection (2) in relation to the direction.

672AD(2)
For the purposes of subparagraph (1)(f)(ii) of this section, ASIC may, by legislative instrument, determine particulars in relation to the direction if the particulars are determined under subsection 671BB(3) in relation to the Chapter 6C body.

Additional information about specified securities

672AD(3)
Subsection (5) applies if:

(a) paragraph 672A(a) , (b) or (c) applies to the discloser; and

(b) the direction specifies disclosable securities in the Chapter 6C body for the purposes of this paragraph.

672AD(4)
For the purposes of paragraph (3)(b) , the direction may specify disclosable securities in the Chapter 6C body. The specified disclosable securities must be:

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

(i) having a relevant interest in; or

(ii) as having given instructions about;

as mentioned in that paragraph; or

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

Note: More than one paragraph of section 672A may apply to the discloser. For example, the discloser may have been named in a previous disclosure as having both a relevant interest in securities and a deemed economic interest in securities and also be suspected of having a relevant interest in other securities, in which case the direction may specify securities to which paragraph (b) or (c) of this subsection applies.

672AD(5)
In addition to the matters in subsection (1) , the discloser must disclose:

(a) 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

(b) if the specified disclosable securities are voting securities - 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).

SECTION 672AE INFORMATION REQUIRED TO BE DISCLOSED - LIMITATIONS  
672AE
Despite section 672AD , if a person (the discloser ) is directed under section 672A 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 672AD(1) or (5) ) - the discloser is required to disclose only the specified information; and

(b) a matter referred to in paragraph 672AD(1)(d) need only be disclosed to the extent to which it is known to the discloser on the basis of information that is not publicly available (whether or not it is also knowable on the basis of information that is publicly available); and

(c) a matter referred to in paragraph 672AD(5)(a) 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) or (c) of this section: see subsection 13.3(3) of the Criminal Code .

Subdivision C - Accompanying documents and statements

SECTION 672AF ACCOMPANYING DOCUMENTS AND STATEMENTS  

672AF(1)
For the purposes of subsection 672AB(2) , and subject to subsections (3) to (5) of this section, a disclosure that a person (the discloser ) is directed to make under section 672A in relation to a Chapter 6C body must be accompanied by:

(a) for each agreement (if any):

(i) that contributed to the circumstances giving rise to a relevant interest or deemed economic interest mentioned in paragraph 672AD(1)(a) or (d) or (5)(a) ; and

(ii) for which there is one or more documents that set out the terms of the agreement, are in writing and are readily available to the discloser;

a copy of each document to which subparagraph (ii) of this paragraph applies, endorsed in accordance with subsection (2) ; and

(b) for each contract, scheme or arrangement (if any):

(i) that contributed to the circumstances giving rise to a relevant interest or deemed economic interest mentioned in paragraph 672AD(1)(a) or (d) or (5)(a) ; and

(ii) is not both in writing and readily available to the discloser; and

(iii) is not an agreement to which paragraph (a) of this subsection applies;

a statement by the discloser giving full details of the contract, scheme or arrangement.

672AF(2)
For the purposes of paragraph (1)(a) of this section, each copy must be endorsed with a statement that the copy is a true copy.

Exceptions

672AF(3)
Subsections (1) and (2) do not apply to the extent (if any) specified in the direction.

672AF(4)
Subjection (5) applies in relation to a contract, scheme or arrangement that:

(a) contributed to the circumstances giving rise to:

(i) a deemed economic interest mentioned in paragraph 672AD(1)(d) ; or

(ii) a relevant interest mentioned in paragraph 672AD(5)(a) ; and

(b) did not contribute to circumstances giving rise to a relevant interest or deemed economic interest mentioned in paragraph 672AD(1)(a) .

672AF(5)
Details of the contract, scheme or arrangement need only be included in a statement under paragraph (1)(b) of this section to the extent to which:

(a) if subparagraph (4)(a)(ii) applies - the details are known to the discloser; or

(b) otherwise - the details are known to the discloser on the basis of information that is not publicly available (whether or not they are also knowable on the basis of information that is publicly available).]

[ CCH Note 2: Div 2 heading will be inserted by No 72 of 2025, s 3, Sch 1[33] (effective 4 December 2026). Div 2 heading will read:

Division 2 - Directions by key persons or at request of members

Subdivision A - Disclosure notices]

CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.

[ CCH Note: S 672B will be substituted by No 72 of 2025, s 3, Sch 1[34] (effective 4 December 2026). S 672B will read:

SECTION 672B DISCLOSURE NOTICES  

672B(1)
A person mentioned in subsection (2) may direct a person mentioned in subsection (3) to make the disclosure required by section 672BA in relation to a Chapter 6C body.

672B(2)
The direction may be given by:

(a) the key person for the Chapter 6C body; or

(b) ASIC, if:

(i) a member of the Chapter 6C body requests ASIC to give the direction; and

(ii) ASIC does not consider that it would be unreasonable to give the direction.

672B(3)
The direction may be given to:

(a) a member of the Chapter 6C body; or

(b) a person named in a previous disclosure under section 672BA , or in information given to the key person for the Chapter 6C body under section 672C , as:

(i) having a relevant interest in voting securities in the Chapter 6C body; or

(ii) having given instructions about voting securities in the Chapter 6C body; or

(c) a person whom:

(i) if paragraph (2)(a) of this section applies - the key person for the Chapter 6C body; or

(ii) if paragraph (2)(b) applies - the member who makes the request mentioned in subparagraph (2)(b)(i) ;

suspects, on reasonable grounds:

(iii) has a relevant interest in voting securities in the Chapter 6C body; or

(iv) has given instructions about voting securities in the Chapter 6C body.

672B(4)
For the purposes of paragraph (3)(c) of this section, the suspicion must be formed wholly or partly on the basis of information given under this Chapter.

SECTION 672BA COMPLIANCE WITH DIRECTION  

672BA(1)
This section applies if a person (the discloser ) is directed under subsection 672B(1) to make the disclosure required by this section in relation to a Chapter 6C body.

672BA(2)
The discloser must, in accordance with section 672BB , disclose to the person who gives the direction the information required by section 672BC .

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

672BA(3)
An offence based on subsection (2) of this section is an offence of strict liability.

672BA(4)
The discloser does not have to comply with the direction if:

(a) paragraph 672B(2)(a) applies (the direction is given by the key person for the Chapter 6C body); and

(b) the discloser proves that the giving of the direction is vexatious.

Note: A defendant bears a legal burden in relation to the matter in this subsection: see section 13.4 of the Criminal Code .

SECTION 672BB DEADLINE FOR DISCLOSURE  
672BB
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 make the disclosure within 2 business days after:

(a) the discloser is given the direction; or

(b) if:

(i) the discloser applies for an exemption under section 673 from the obligation to make the disclosure; and

(ii) ASIC refuses to grant the exemption;

ASIC notifies the discloser of its decision on the application; or

(c) if paragraph 672B(2)(a) applies (the direction is given by the key person for the Chapter 6C body) - the key person for the Chapter 6C body pays any fee payable under the regulations made for the purposes of subsection 672D(2) .]

CCH Note - modifying legislative instruments: Section 672B is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Relief to Facilitate Admission of Exchange Traded Funds) Instrument 2024/147.

For modifying legislative instruments or class orders before 1 January 2022, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.

[ CCH Note 1: Subdiv B will be inserted by No 72 of 2025, s 3, Sch 1[35] (effective 4 December 2026). Subdiv B will read:

Subdivision B - Information required to be disclosed

SECTION 672BC INFORMATION REQUIRED TO BE DISCLOSED  

672BC(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.

672BC(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.

SECTION 672BD INFORMATION REQUIRED TO BE DISCLOSED - LIMITATIONS  
672BD
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 .]

[ CCH Note 2: Div 3 heading will be inserted by No 72 of 2025, s 3, Sch 1[36] (effective 4 December 2026). Div 3 heading will read:

Division 3 - Other provisions

Subdivision A - ASIC may pass information on]

[ CCH Note: S 672C heading will be amended by No 72 of 2025, s 3, Sch 1[37], by omitting " TO PERSON WHO MADE REQUEST " , (effective 4 December 2026).]

[ CCH Note 1: S 672C will be amended by No 72 of 2025, s 3, Sch 1[6] and [7], by substituting " disclosable securities in a Chapter 6C body " for " shares in a company, interests in a listed registered scheme or interests in a listed notified foreign passport fund " and " key person for the Chapter 6C body " for " company, the responsible entity for the scheme or the operator of the fund " in para (a) (effective 4 December 2026).]

[ CCH Note 2: S 672C will be amended by No 72 of 2025, s 3, Sch 1[38] and [39], by substituting " by ASIC under section 672A or 672B " for " under section 672A " and " subparagraph 672B(2)(b)(i) " for " subsection 672A(2) " in para (b) (effective 4 December 2026).]

[ CCH Note: Subdiv B heading will be inserted by No 72 of 2025, s 3, Sch 1[40] (effective 4 December 2026). Subdiv B heading will read:

Subdivision B - Fees]

[ CCH Note: S 672D will be substituted by No 72 of 2025, s 3, Sch 1[41] (effective 4 December 2026). S 672D will read:

SECTION 672D FEE FOR COMPLYING WITH DIRECTIONS GIVEN BY KEY PERSONS  

672D(1)
This section applies in relation to a direction given under subsection 672B(1) by the key person for a Chapter 6C body.

672D(2)
The regulations may prescribe fees that the key person must pay, to the person to whom the direction is given, for complying with the direction.

672D(3)
The person to whom the fee is paid is liable to repay the fee if the person does not comply with the direction on time, even if the person does so later. The fee may be recovered as a debt due to the key person.]

[ CCH Note: Subdiv C heading will be inserted by No 72 of 2025, s 3, Sch 1[42] (effective 4 December 2026). Subdiv C heading will read:

Subdivision C - Registers of information]

[ CCH Note: S 672DA(2) will be amended by No 69 of 2020, s 3, Sch 1[1057], by substituting " the Registrar " for " ASIC " in para (d) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

[ CCH Note: S 672DA(3) will be amended by No 69 of 2020, s 3, Sch 1[1057], by substituting " the Registrar " for " ASIC " in para (d) (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

[ CCH Note: S 672DA(4) will be amended by No 69 of 2020, s 3, Sch 1[1058] and [1059], by substituting " the Registrar " for " ASIC " and " the Registrar " for " ASIC " (wherever occurring) in the note, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

[ CCH Note: S 672DA(4A) will be inserted by No 69 of 2020, s 3, Sch 1[1060] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 672DA(4A) will read:

672DA(4A)
The notice must meet any requirements of the data standards.]

[ CCH Note: S 672DA will be substituted by No 72 of 2025, s 3, Sch 1[54] (effective 4 December 2026). S 672DA will read:

SECTION 672DA REGISTERS OF INFORMATION ABOUT RELEVANT INTERESTS IN CHAPTER 6C BODIES  

672DA(1)
This section applies if the key person for a Chapter 6C body receives information under this Part.

672DA(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

672DA(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) .

672DA(4)
ASIC may, by legislative instrument, determine that subsection (3) of this section does not apply in specified circumstances.

SECTION 672DB REQUIREMENTS FOR REGISTERS  

672DB(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) .

672DB(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.

672DB(3)
A determination made under subsection (2) may apply generally or in specified circumstances.

When information must be entered

672DB(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.

SECTION 672DC WHERE REGISTER MUST BE KEPT  

672DC(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.

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

672DC(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) .

672DC(4)
Subsection (3) does not apply to moving the register between the registered office and the principal place of business in this jurisdiction.

672DC(5)
An offence based on subsection (3) is an offence of strict liability.

SECTION 672DD REGISTERS MUST BE OPEN FOR INSPECTION ETC.  

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

672DD(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) .

672DD(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.

672DD(4)
A person may request the key person to give to the person a copy of the register (or any part of the register).

672DD(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) .

672DD(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.]

[ CCH Note: Subdiv D will be inserted by No 72 of 2025, s 3, Sch 1[43] (effective 4 December 2026). Subdiv D will read:

Subdivision D - Other provisions

SECTION 672DE SHARES IN FOREIGN LISTED BODIES  
672DE
This Part applies to a voting security or disclosable security in a Chapter 6C body to which column 1 of item 5 of the table in section 671A applies only if the voting security or disclosable security is quoted on a declared financial market operated in this jurisdiction.]

[ CCH Note: S 672E will be amended by No 72 of 2025, s 3, Sch 1[8] and [9], by substituting " key person for a Chapter 6C body " for " company, responsible entity or operator " and " disclosable security in the Chapter 6C body " for " share in the company, an interest in the listed registered scheme or an interest in the listed notified foreign passport fund " , (effective 4 December 2026).]

[ CCH Note: S 672F(1) will be amended by No 72 of 2025, s 3, Sch 1[44], by substituting " 672AB or 672BA " for " 672B " , (effective 4 December 2026).]

[ CCH Note: S 672F(2) will be amended by No 72 of 2025, s 3, Sch 1[44], by substituting " 672AB or 672BA " for " 672B " , (effective 4 December 2026).]

[ CCH Note: S 672F(3) will be amended by No 72 of 2025, s 3, Sch 1[44], by substituting " 672AB or 672BA " for " 672B " , (effective 4 December 2026).]