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

(57 of 2026)

An Act to amend the law relating to corporations, the Australian Securities and Investments Commission and registers in the Treasury portfolio, and for related purposes

[Assented to 30 June 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Treasury Laws Amendment (Business Registries Stabilisation and Uplift) Act 2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Enhancing director ID requirements

Part 1   Providing director ID numbers to ASIC

Corporations Act 2001

1   Paragraph 5H(2)(b)

Omit "and the date and place of birth", substitute ", the date and place of birth and the director identification number".

2   Paragraph 117(2)(d)

Omit "and the date and place of birth", substitute ", the date and place of birth and the director identification number".

3   Section 205B (heading)

Repeal the heading, substitute:

205B Notifying ASIC of personal details of directors and secretaries

4   After paragraph 205B(3)(c)

Insert:

(ca) for a director or alternate director - their director identification number; and

5   After subsection 205B(3)

Insert:

A longer period may be available to lodge notice of a director identification number

(3A) Despite subsection (1) or (2), if:

(a) that subsection applies for a person's appointment as a director or alternate director of a company; and

(b) on appointment, the person does not have a director identification number; and

(c) the Registrar gives the person such a number on a later day;

the company has until the end of the 14th day after that later day to lodge with ASIC a notice of the person's director identification number.

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

6   Subsection 205B(6) (note)

Omit "subsection (6)", substitute "this subsection".

7   At the end of section 205C

Add:

(4) Despite subsection (1) or (2), if:

(a) the information is a person's director identification number; and

(b) on appointment, the person does not have such a number; and

(c) the Registrar gives the person such a number on a later day;

the person has until the end of the seventh day after that later day to give the company the person's director identification number.

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

8   Paragraph 601BC(2)(f)

Omit "and the date and place of birth", substitute ", the date and place of birth and the director identification number".

9   Paragraph 601CB(c)

Repeal the paragraph, substitute:

(c) a list of its directors containing personal details of those directors that are equivalent to the personal details of directors referred to in:

(i) if the body is a body corporate - subsection 205B(3); or

(ii) otherwise - paragraphs 205B(3)(a), (b), (c) and (d); and

10   Paragraph 601CE(c)

Repeal the paragraph, substitute:

(c) a list of its directors containing personal details of those directors that are equivalent to the personal details of directors referred to in:

(i) if the body is a body corporate - subsection 205B(3); or

(ii) otherwise - paragraphs 205B(3)(a), (b), (c) and (d); and

11   After paragraph 601CV(1)(c)

Insert:

(ca) any of the personal details of any of its directors that are equivalent to the personal details of a director referred to in:

(i) if the body is a body corporate - subsection 205B(3); or

(ii) otherwise - paragraphs 205B(3)(a), (b), (c) and (d); or

Part 2   Disqualifying directors who fail to comply with director ID number requirements

Corporations Act 2001

12   Paragraph 206F(1)(a)

Omit "paragraph (b)(i)", substitute "subparagraph (b)(i)".

13   After section 206F

Insert:

206FA ASIC's power of disqualification - failing to comply with director identification number requirements

(1) ASIC may disqualify a person from managing corporations for up to 3 years if:

(a) within 7 years immediately before ASIC gives a notice under subparagraph (b)(i), ASIC reasonably believes that the person has contravened subsection 1272D(1); and

(b) ASIC has given the person:

(i) a notice in the prescribed form requiring them to demonstrate why they should not be disqualified; and

(ii) an opportunity to be heard on the question; and

(c) ASIC is satisfied that the disqualification is justified, after having had regard to the following:

(i) the person's conduct in dealing with the Registrar under Part 9.1A (about director identification numbers);

(ii) whether the disqualification would be in the public interest;

(iii) any other matters that ASIC considers appropriate.

(2) If ASIC disqualifies a person from managing corporations under this section, ASIC must serve a notice on the person advising them of the disqualification. The notice must be in the prescribed form.

(3) The disqualification takes effect from the time when a notice referred to in subsection (2) is served on the person.

14   Paragraph 1274AA(1)(a)

After "206F", insert ", 206FA".

15   Paragraph 1274AA(2)(b)

After "206F(3)", insert ", 206FA(2) or 206GAA(6)".

16   Paragraph 1274AA(2)(c)

Repeal the paragraph.

17   Subparagraph 1274AA(2)(e)(ii)

Omit ", (c)".

18   After subsection 1274AA(2)

Insert:

(2A) The register may contain such other particulars as ASIC considers appropriate relating to persons who have been disqualified from managing corporations.

Part 3   ASIC to enforce director ID number requirements

Corporations Act 2001

19   Section 9 (paragraph (b) of the definition of infringement notice)

Repeal the paragraph.

20   Section 9 (paragraph (b) of the note to the definition of infringement notice)

Repeal the paragraph.

21   Section 1272F

Repeal the section.

Part 4   Registrar's powers to ensure information is correct etc.

Commonwealth Registers Act 2020

22   Section 8

Before "The", insert "(1)".

23   At the end of section 8

Add:

(2) Without limiting paragraph (1)(b), the Registrar's powers include the power to authenticate, verify, validate, store, correct, integrate or link information held by the Registrar.

Note: The Registrar must exercise these powers in accordance with the data standards (see sections 13 and 15).

24   Paragraph 13(2)(g)

Repeal the paragraph, substitute:

(g) when and how information held by the Registrar may be corrected;

25   Application of amendments

The amendments made by this Part of the Commonwealth Registers Act 2020 apply in relation to information held by the Registrar on or after the commencement of this Part (whether the information began to be held by the Registrar before, on or after that commencement).

Corporations Act 2001

26   After section 1272

Insert:

1272AA Register of director identification numbers

(1) The Registrar must keep a register of records of director identification numbers made as required by subsection 1272(2).

(2) The register may contain such other particulars as the Registrar considers appropriate relating to persons who have been given director identification numbers.

(3) The register may be kept in such form as the Registrar thinks fit.

27   Section 1270B

Before "The", insert "(1)".

28   At the end of section 1270B

Add:

(2) Without limiting paragraph (1)(b), the Registrar's powers include the power to authenticate, verify, validate, store, correct, integrate or link information held by the Registrar.

Note: The Registrar must exercise these powers in accordance with the data standards (see sections 1270G and 1270J).

29   Paragraph 1270G(2)(g)

Repeal the paragraph, substitute:

(g) when and how information held by the Registrar may be corrected;

Part 5   Application and transitional provisions

Corporations Act 2001

30   In the appropriate position in Chapter 10

Insert:

Part 10.85 - Transitional provisions relating to the Treasury Laws Amendment (Business Registries Stabilisation and Uplift) Act 2026

1740 Definitions

amending Act means the Treasury Laws Amendment (Business Registries Stabilisation and Uplift)Act 2026.

1741 Transitional - notice of director identification numbers for current directors and alternate directors

(1) This section applies if, on the day Part 1 of Schedule 1 to the amending Act commences:

(a) a person isa director or alternate director of a company, and was so immediately before that day; and

(b) a director identification number for the person has not been lodged with ASIC (whether in an application to register the company or otherwise).

(2) The company must lodge with ASIC in the prescribed form a notice of the person's director identification number before the earlier of the following:

(a) the end of the 28-day period applying under subsection 346C(3) for the company for the next response to an extract of particulars by the company;

(b) the end of the 28-day period applying under subsection 205B(4) for the company for the next change in the person's personal details.

1742 Transitional - notice of director identification numbers for current directors

(1) This section applies if, on the day Part 1 of Schedule 1 to the amending Act commences:

(a) a registered body is a body corporate; and

(b) a person is a director of the body, and was so immediately before that day; and

(c) a director identification number for the person has not been lodged with ASIC (whether in an application to register the body or otherwise).

(2) The body must lodge with ASIC in the prescribed form a notice of the person's director identification number before the earlier of the following:

(a) the end of the 12-month period starting on that day;

(b) the end of the 1-month period applying under subsection 601CV(1) for the body for the next change in the person's personal details.

(3) Disregard paragraph 1311(1A)(e) in relation to subsection (2) of this section.

Note: This means contravening subsection (2) is an offence (see subsection 1311(1)), with the penalty mentioned in section 1311F.

1743 Application of amendments - correction etc. of information held by the Registrar

The amendments made by Part 4 of Schedule 1 to the amending Act apply in relation to information held by the Registrar on or after the commencement of that Part (whether the information began to be held by the Registrar before, on or after that commencement).

31   Schedule 3 (in the appropriate position in the table)

Insert:

Schedule 2   ASIC powers

Part 1   Deregistration powers

Corporations Act 2001

1   After subsection 601AB(2)

Insert:

(2A) ASIC may also decide to deregister a company if ASIC has reason to believe that information given or otherwise provided to ASIC by or on behalf of the company, or in or with the application to register the company:

(a) is misleading, false or deceptive in a material particular; or

(b) has omitted from it a matter or thing the omission of which renders the information misleading in a material respect.

2   Paragraph 1317C(d)

After "Chapter 5A", insert "(other than subsection 601AB(2A))".

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

Corporations Act 2001

3   Subsection 109X(2)

After "205B(1)", insert ", (2)".

4   Section 205D (heading)

Repeal the heading, substitute:

205D Address and electronic address for officers

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

6   Subsection 205D(4)

Omit "subsection (2)", substitute "paragraph (1)(b)".

7   After subparagraph 1274(2)(a)(iaa)

Insert:

(iaaa) so much of a notice or application under subsection 5H(2), 117(2), 205B(1), (2) or (4) or 601BC(2) as sets out a person's usual residential address if the person takes advantage of paragraph 205D(1)(b) to use an alternative address; or

(iaab) so much of a response under section 346C to an extract of particulars as sets out a person's usual residential address if the person takes advantage of paragraph 205D(1)(b) to use an alternative address; or

(iaac) so much of a response under section 348D to a return of particulars as sets out a person's usual residential address if the person takes advantage of paragraph 205D(1)(b) to use an alternative address; or

8   Schedule 3 (in the appropriate position in the table)

Insert:

Part 3   Communicating with ASIC, and ASIC's communications with others

Division 1   Communicating with ASIC

Business Names Registration Act 2011

9   Section 3

Insert:

give to ASIC has a meaning affected by section 68 and subsection 69(6).

Note: For a document or information to be given or otherwise provided to ASIC under a provision of this Act or the Transitional Act, the manner and format requirements in section 68 must be met.

lodge with ASIC:

(a) means lodge with ASIC in accordance with any applicable requirements under sections 67 and 68; and

(b) has a meaning affected by subsection 69(6).

Note: A reference in this Act or the Transitional Act to a document that is lodged has a meaning affected by subsection 67(2) (about including certain material lodged with the document).

10   Section 56 (table item 17)

Omit "submitted", substitute "or information purportedly lodged with or given to ASIC".

11   Sections 68 and 69

Repeal the sections, substitute:

68 Manner and format requirements for lodging with, or giving or providing to, ASIC

(1) This section applies if a provision of this Act or the Transitional Act requires or permits a person to:

(a) lodge with ASIC a document or information; or

(b) give or otherwise provide to ASIC a document or information.

(2) In order for a document or information to be so lodged, given or provided, the person must meet any manner and format requirements for doing so.

(3) Such manner and format requirements may be:

(a) for a document to be lodged in accordance with paragraph 67(1)(a) or (b) - prescribed or approved in the form mentioned in that paragraph; or

(b) in every case - approved under subsection (4) of this section for documents or information of that kind.

(4) ASIC may in writing:

(a) approve a manner for lodging with, or giving or providing to, ASIC a document or information of a specified kind; or

(b) approve a format for lodging with, or giving or providing to, ASIC a document or information of a specified kind.

ASIC must publish each approval on its website.

Note 1: A manner or format could be electronic.

Note 2: ASIC may approve different manners or formats for different kinds of documents or information (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 3: Specifying a kind of document or information could include referring to the provision of this Act or the Transitional Act that requires it to be lodged with or given to ASIC.

69 ASIC may refuse to receive document or information etc.

ASIC may refuse to receive document or information etc.

(1) If ASIC considers that a document or information purportedly lodged with, or given or provided to, ASIC under this Act or the Transitional Act:

(a) contains matter contrary to law; or

(b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or

(c) is incomplete; or

(d) contravenes this Act or the Transitional Act; or

(e) contains an error, alteration or erasure;

ASIC may refuse to receive the document or information and may make a request under subsection (2).

Note: Paragraph (d) will apply if, for example, any manner and format requirements for lodging, giving or providing the document or information are not met (see subsection 68(2)).

(2) For the purposes of subsection (1), ASIC may request:

(a) that the document or information be appropriately amended or completed, and lodged with or given or provided to ASIC; or

(b) that a fresh document or fresh information be lodged with or given or provided to ASIC in its place; or

(c) if the document or information is incomplete - that a supplementary document, or supplementary information, be lodged with or given or provided to ASIC.

Notice to provide further document or information

(3) ASIC may give a written notice to an entity that purportedly lodges, gives or provides a document or information to ASIC under this Act or the Transitional Act, requiring the entity to:

(a) give to ASIC any other document; or

(b) give to ASIC any information;

that ASIC considers necessary in order to form an opinion as to whether it may refuse to receive the first-mentioned document or information.

Notice must specify day by which entity must comply

(4) The notice must specify the day by which the entity must comply with the notice (which must be a reasonable period after the notice is given). ASIC may specify a later day by giving a written notice to the entity.

Requirement to comply with notice

(5) If the entity does not comply with the notice within the time specified in the notice, ASIC may refuse to receive the document or information first mentioned in subsection (3).

Consequences of refusal to receive

(6) If ASIC refuses to receive a document or information, it is taken never to have been lodged with, or given or provided to, ASIC.

Corporations Act 2001

12   Section 9

Insert:

give to ASIC has a meaning affected by section 352.

Note: For a document or information to be given or otherwise provided to ASIC under a provision of this Act, the manner and format requirements in section 352 must be met.

13   Section 9 (definition of lodge)

Repeal the definition, substitute:

lodge with ASIC means lodge with ASIC in this jurisdiction in accordance with:

(a) any applicable requirements in Chapter 2P; and

(b) in addition, for a document that Schedule 2 requires to be lodged with ASIC in an approved form - any applicable requirements in section 100-6 of that Schedule.

Note: A reference in this Act to a document that is lodged has a meaning affected by:

(a) subsection 350(2); and

(b) if applicable, subsection 100-6(2) of Schedule 2.

Those subsections refer to material lodged with the document.

14   Section 102 (note)

Repeal the note, substitute:

Note: For manner and format requirements for lodging a document with ASIC, see section 352.

15   Paragraph 4.2 of the small business guide in Part 1.5

Omit "The correction may be lodged with ASIC on a printed form or, if an agreement is in place to lodge electronically, in accordance with the agreement.".

16   Paragraph 4.2 of the small business guide in Part 1.5

Omit ", 352".

17   Subsections 205G(1), (3) and (4) (notes)

Repeal the notes.

18   Subsection 319(7)

Repeal the subsection.

19   Subsection 348A(2)

Repeal the subsection.

20   Chapter 2P (heading)

Repeal the heading, substitute:

Chapter 2P - Lodging with or giving to ASIC

21   Sections 352 and 353

Repeal the sections, substitute:

352 Manner and format requirements for lodging with, or giving or providing to, ASIC

(1) This section applies if a provision of this Act requires or permits a person to:

(a) lodge with ASIC a document or information; or

(b) give or otherwise provide to ASIC a document or information.

(2) In order for a document or information to be so lodged, given or provided, the person must meet any manner and format requirements for doing so.

(3) Such manner and format requirements may be:

(a) for a document to be lodged in accordance with paragraph 350(1)(a) or (b) - prescribed or approved in the form mentioned in that paragraph; or

(b) for a document to be lodged in accordance with subsection 100-6(1) of Schedule 2 - approved in the form mentioned in that subsection; or

(c) in every case - approved under subsection (4) of this section for documents or information of that kind.

(4) ASIC may in writing:

(a) approve a manner for lodging with, or giving or providing to, ASIC a document or information of a specified kind; or

(b) approve a format for lodging with, or giving or providing to, ASIC a document or information of a specified kind.

ASIC must publish each approval on its website.

Note 1: A manner or format could be electronic.

Note 2: ASIC may approve different manners or formats for different kinds of documents or information (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 3: Specifying a kind of document or information could include referring to the provision of this Act that requires it to be lodged with or given to ASIC.

National Consumer Credit Protection Act 2009

22   Subsection 5(1) (after paragraph (a) of the definition of give)

Insert:

(aa) when used in relation to give to ASIC - has a meaning affected by section 217A and subsection 218(8); and

23   Subsection 5(1) (paragraph (b) of the definition of give)

Before "when used", insert "in every case".

24   Subsection 5(1) (at the end of the definition of give)

Add:

Note: For a document or information to be given or otherwise provided to ASIC under a provision of this Act, the manner and format requirements in section 217A must be met.

25   Subsection 5(1) (definition of lodge with ASIC)

Repeal the definition, substitute:

lodge with ASIC:

(a) means lodge with ASIC in accordance with any applicable requirements under Division 2 of Part 5-2; and

(b) has a meaning affected by subsection 218(8).

Note: A reference in this Act to a document that is lodged has a meaning affected by subsection 217(1A) (about including certain material lodged with the document).

26   Part 5-2 (heading)

Repeal the heading, substitute:

Part 5-2 - Documents lodged with, or information given or provided to, ASIC or required by this Act

27   Section 215

Omit:

This Part deals with the lodging of documents with ASIC. It also has offences relating to making false statements in documents.

Division 2 deals with how documents are lodged with ASIC and the approved forms in which the documents must be lodged. It also deals with ASIC's power to refuse to receive documents (in which case, the documents will not be treated as having been lodged with ASIC).

substitute:

This Part deals with the lodging of documents with, or giving or otherwise providing documents or information to, ASIC. It also has offences relating to making false statements in documents.

Division 2 deals with how documents and information are so lodged, given or provided, and the approved forms in which the documents must be lodged. It also deals with ASIC's power to refuse to receive documents or information (in which case, the documents or information will not be treated as having been lodged with, or given or provided to, ASIC).

28   Division 2 of Part 5-2 (heading)

Repeal the heading, substitute:

Division 2 - Lodging with, or giving or providing to, ASIC

29   Section 216

Repeal the section.

30   After subsection 217(1)

Insert:

(1A) If a document is lodged with ASIC (in accordance with this Division), then any other material that is lodged with the document as required by this Act or an approved form is taken to be included in that document.

Note: For example, this subsection means that a person will contravene section 225 if the person makes a false or misleading statement in the other material.

31   After section 217

Insert:

217A Manner and format requirements for lodging with, or giving or providing to, ASIC

(1) This section applies if a provision of this Act requires or permits a person to:

(a) lodge with ASIC a document or information; or

(b) give or otherwise provide to ASIC a document or information.

(2) In order for a document or information to be so lodged, given or provided, the person must meet any manner and format requirements for doing so.

(3) Such manner and format requirements may be:

(a) for a document to be lodged in accordance with subsection 217(1) - approved as mentioned in that subsection; or

(b) in every case - approved under subsection (4) of this section for documents or information of that kind.

(4) ASIC may in writing:

(a) approve a manner for lodging with, or giving or providing to, ASIC a document or information of a specified kind; or

(b) approve a format for lodging with, or giving or providing to, ASIC a document or information of a specified kind.

ASIC must publish each approval on its website.

Note 1: A manner or format could be electronic.

Note 2: ASIC may approve different manners or formats for different kinds of documents or information (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 3: Specifying a kind of document or information could include referring to the provision of this Act that requires it to be lodged with or given to ASIC.

32   Section 218 (heading)

After " document ", insert " or information ".

33   Subsections 218(1) to (3)

Repeal the subsections, substitute:

ASIC may refuse to receive document or information etc.

(1) If ASIC considers that a document or information purportedly lodged with, or given or provided to, ASIC under this Act:

(a) contains matter contrary to law; or

(b) contains matter that, in a material particular, is false or misleading in the form or context in which it is included; or

(c) is incomplete; or

(d) contravenes this Act; or

(e) contains an error, alteration or erasure;

ASIC may refuse to receive the document or information and may make a request under subsection (2).

Note: Paragraph (d) will apply if, for example, any manner and format requirements for lodging, giving or providing the document or information are not met (see subsection 217A(2)).

(2) For the purposes of subsection (1), ASIC may request:

(a) that the document or information be appropriately amended or completed, and lodged with or given or provided to ASIC; or

(b) that a fresh document or fresh information be lodged with or given or provided to ASIC in its place; or

(c) if the document or information is incomplete - that a supplementary document, or supplementary information, be lodged with or given or provided to ASIC.

Notice to provide further document or information

(3) ASIC may give a written notice to a person who purportedly lodges, gives or provides a document or information to ASIC under this Act, requiring the person to:

(a) give to ASIC any other document; or

(b) give to ASIC any information;

that ASIC considers necessary in order to form an opinion as to whether it may refuse to receive the first-mentioned document or information.

34   At the end of section 218

Add:

Consequences of refusal to receive

(8) If ASIC refuses to receive a document or information, it is taken never to have been lodged with, or given or provided to, ASIC.

Superannuation Industry (Supervision) Act 1993

35   Subsection 10(1)

Insert:

give , to the Regulator (if the Regulator is ASIC), has a meaning affected by section 11AA.

36   Subsection 10(1) (definition of lodge)

Repeal the definition, substitute:

lodge with the Regulator means lodge with the Regulator in accordance with any applicable requirements under sections 11A to 11D.

37   Paragraph 11A(3)(b)

Before "require or permit", insert "if the Regulator is not ASIC - ".

38   After section 11A

Insert:

11AA Manner and format requirements for lodging with, or giving or providing to, the Regulator if the Regulator is ASIC

(1) This section applies if a provision of this Act requires or permits a person to:

(a) lodge with the Regulator a document or information; or

(b) give or otherwise provide to the Regulator a document or information;

and the Regulator is ASIC.

(2) In order for a document or information to be so lodged, given or provided, the person must meet any manner and format requirements for doing so.

(3) Such manner and format requirements may be approved under subsection (4) for documents or information of that kind.

(4) ASIC may in writing:

(a) approve a manner for lodging with, or giving or providing to, ASIC a document or information of a specified kind; or

(b) approve a format for lodging with, or giving or providing to, ASIC a document or information of a specified kind.

ASIC must publish each approval on its website.

Note 1: A manner or format could be electronic.

Note 2: ASIC may approve different manners or formats for different kinds of documents or information (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 3: Specifying a kind of document or information could include referring to the provision of this Act that requires it to be lodged with or given to ASIC.

39   Subsection 11B(1)

After "paragraph 11A(3)(b)", insert "or subsection 11AA(2)".

40   Paragraphs 11B(3)(a) and (4)(a) and 11C(1)(a)

After "paragraph 11A(3)(b)", insert "or subsection 11AA(2)".

41   At the end of section 11D

Add:

(3) This section does not apply if the Regulator is ASIC.

Division 2   Communicating electronic addresses to ASIC

Corporations Act 2001

42   Paragraph 5H(2)(d)

After "address", insert "and electronic address".

43   After paragraph 5H(2)(d)

Insert:

(da) the electronic address of the company;

44   Section 9

Insert:

electronic address means an address for sending and receiving electronic communications.

45   Subparagraph 110JA(3)(a)(ii)

Omit "for receiving electronic communications".

46   Paragraph 117(2)(f)

After "address", insert "and electronic address".

47   After paragraph 117(2)(f)

Insert:

(fa) the electronic address of the company;

48   After section 146A

Insert:

146B Change of electronic address

(1) This section applies if a company's electronic address has been lodged with or given to ASIC under this Act.

(2) The company must lodge notice of a change of its electronic address with ASIC not later than 28 days after the date on which the change occurs. The notice must be in the prescribed form.

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

(4) A notice of change of electronic address takes effect from the later of:

(a) the seventh day after the notice was lodged; or

(b) a later day specified in the notice as the date from which the change is to take effect.

49   Paragraph 205B(3)(d)

Repeal the paragraph, substitute:

(d) their address and electronic address.

50   Paragraph 601BC(2)(h)

After "address", insert "and electronic address".

51   After paragraph 601BC(2)(h)

Insert:

(ha) the electronic address of the body;

52   Paragraph 641(1)(aa)

Omit "for receiving electronic communications".

53   Schedule 3 (in the appropriate position in the table)

Insert:

Division 3   ASIC's communications with others

Corporations Act 2001

54   After section 1275

Insert:

1276 ASIC's communications with others

(1) Communications and notices under a provision of this Act from ASIC to an entity may be addressed to:

(a) the most recent address or electronic address nominated by the entity to ASIC as a way for the entity to receive communications; or

(b) if:

(i) the entity has nominated an electronic address to ASIC and ASIC knows, or there are reasonable grounds to believe, that the address is not a current electronic address for the entity; or

(ii) the entity has not nominated an electronic address as mentioned in paragraph (a);

an electronic address that ASIC believes on reasonable grounds to be a current electronic address for the entity.

(2) This section does not limit the ways in which ASIC may send a communication or notice.

Part 4   Correcting information on ASIC registers

Business Names Registration Act 2011

55   At the end of Part 3

Add:

34A Correcting the register

ASIC may correct any error in, or omission from, the Business Names Register.

Corporations Act 2001

56   Section 922S

Repeal the section.

57   After subsection 1274(1)

Insert:

(1A) ASIC may correct any error in, or omission from, a register it keeps under this Act.

National Consumer Credit Protection Act 2009

58   At the end of section 214

Add:

(4) ASIC may correct any error in, or omission from, a credit register.

59   After subsection 219(4)

Insert:

Correcting document registers

(4A) ASIC may correct any error in, or omission from, a document register established under this section.

Superannuation Industry (Supervision) Act 1993

60   At the end of section 128J

Add:

(5) The Regulator may correct any error in, or omission from, the Register.

61   At the end of section 128K

Add:

(5) The Regulator may correct any error in, or omission from, the Register.

Part 5   Disclosing (including publishing) information on registers in the public interest etc.

Corporations Act 2001

62   After section 1274AA

Insert:

1274AB Disclosing (including publishing) information on certain registers in the public interest etc.

(1) ASIC may disclose (including publish) information on a register prescribed for the purposes of subsection 1274A(2) or (3) if ASIC reasonably believes that:

(a) the benefits of making such a disclosure outweigh any risks of doing so; and

(b) after having regard to the following matters, making such a disclosure is in the public interest:

(i) whether making such a disclosure could protect consumers or investors from wrongdoing;

(ii) the purpose for which the information was collected;

(iii) any harm or adverse impacts for persons (including impacts related to privacy or safety) that could result from making, or not making, such a disclosure;

(iv) whether the information is commercially sensitive;

(v) whether making, or not making, such a disclosure could prejudice the proper administration of justice;

(vi) any other matters prescribed by regulations made for the purposes of this subparagraph;

(vii) any other matters that ASIC considers relevant.

Note: ASIC may include with such information any other information ASIC is entitled to access and disclose.

(2) Subsection (1) does not apply to information covered by any of subparagraphs 1274(2)(a)(iab) to (v).

(3) ASIC may make a decision under subsection (1) in relation to particular information or a class of information.

Part 6   Restricting access to information on ASIC registers in appropriate cases

Corporations Act 2001

63   Subsection 1274(2) (before the note)

Insert:

Note 1: ASIC may restrict inspections under this subsection by a class of persons of a class of documents, or of a class of information in documents, if the benefits of restricting such inspections outweigh the risks (see section 1274AC).

64   Subsection 1274(2) (note)

Omit "Note", substitute "Note 2".

65   Before section 1274A

Insert:

1274AC Restricting access to information or documents lodged with ASIC, or on ASIC registers, in appropriate cases

(1) ASIC may, by legislative instrument, impose one or more of the following restrictions:

(a) redact a specified class of information in documents lodged with ASIC, or in registers kept by ASIC, that a specified class of persons may wish to:

(i) inspect under subsection 1274(2); or

(ii) search under subsection 1274A(2) or (3); or

(iii) access under subsection 1274A(4);

(b) refuse inspection under subsection 1274(2) by a specified class of persons of a specified class of documents lodged with ASIC;

if, after having regard to the matters in subsection (2) of this section, ASIC reasonably believes that the benefits of the restrictions outweigh the risks of the restrictions.

(2) The matters are as follows:

(a) whether having, or not having, the restrictions could protect consumers or investors from wrongdoing;

(b) the purpose for which the class of information or class of documents was collected;

(c) any harm or adverse impacts for persons (including impacts related to privacy or safety) that could result from having, or not having, the restrictions;

(d) whether the class of information or class of documents is commercially sensitive;

(e) whether having, or not having, the restrictions could prejudice the proper administration of justice;

(f) whether the class of information or class of documents is irrelevant to the purposes of the particular register;

(g) whether the disclosure would be of limited benefit to the public because the class of information or class of documents is outdated or incomplete;

(h) whether the class of information or class of documents is inaccurate, is likely to cause confusion or is likely to mislead the public;

(i) any other matters prescribed by regulations made for the purposes of this paragraph;

(j) any other matters that ASIC considers relevant.

(3) Subsection 1274(2) applies subject to subsection (1) of this section.

66   After paragraph 1317C(ge)

Insert:

(gea) a decision by ASIC under subsection 1274AC(1); or

Part 7   Information sharing

Commonwealth Registers Act 2020

67   Section 5

Insert:

ASIC means the Australian Securities and Investments Commission.

staff member , of ASIC, has the same meaning as in the Australian Securities and Investments Commission Act 2001.

68   After paragraph 17(3)(c)

Insert:

(ca) in the case of a disclosure - the disclosure is to another person who is:

(i) a member of ASIC; or

(ii) a staff member of ASIC;

for use, in the course of the performance of the duties of that other person, in relation to the performance or exercise of ASIC's functions or powers; or

69   Application of amendments

Paragraph 17(3)(ca) of the Commonwealth Registers Act 2020 (as inserted by this Schedule) applies in relation to disclosures on or after the commencement of this Schedule (whether the information was obtained before, on or after that commencement).

Corporations Act 2001

70   After paragraph 1270L(3)(c)

Insert:

(ca) in the case of a disclosure to another person who is:

(i) a member of ASIC; or

(ii) a staff member of ASIC;

the disclosure is to that other person for use, in the course of the performance of their duties, in relation to the performance or exercise of ASIC's functions or powers; or

Part 8   Application and transitional provisions

Corporations Act 2001

71   In the appropriate position in Chapter 10

Insert:

1744 Application of amendments - deregistering a company if information given by the company is false or misleading etc.

Subsection 601AB(2A) (as inserted by Part 1 of Schedule 2 to the amending Act) applies on or after the commencement of that Part in relation to information given or otherwise provided to ASIC before, on or after that commencement.

1745 Application of amendments - disclosing information on registers in the public interest

Section 1274AB (as inserted by Part 5 of Schedule 2 to the amending Act) applies in relation to disclosures on or after the commencement of that Part (whether the information was obtained before, on or after that commencement).

1746 Application of amendments - restricting access to certain information or documents lodged with ASIC, or on ASIC registers, in appropriate cases

Section 1274AC (as inserted by Part 6 of Schedule 2 to the amending Act) applies on or after the commencement of that Part in relation to information or documents lodged with, or otherwise obtained by, ASIC before, on or after that commencement.

1747 Application of amendments - sharing of information

Paragraph 1270L(3)(ca) (as inserted by Part 7 of Schedule 2 to the amending Act) applies in relation to disclosures on or after the commencement of that Part (whether the information was obtained before, on or after that commencement).

Schedule 3   Stabilising business registers

Part 1   Amendments dealing with the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

Division 1   Repeal of Part 2 of Schedule 1

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

1   Subsection 2(1) (table items 2 to 5)

Repeal the items.

2   Subsection 2(1) (note)

Omit "Note", substitute "Note 1".

3   Subsection 2(1) (after the note)

Add:

Note 2: Part 3 of Schedule 1 commenced on 10 August 2022: see the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 (item 6 of subsection 2(1) and Part 2 of Schedule 4).

4   Part 2 of Schedule 1

Repeal the Part.

5   Application of amendments of commencement table

If, before 30 June 2026, an item of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 has commenced, the amendments of subsection 2(1) of that Act made by this Division do not affect the commencement of that item.

Note: This item is for the avoidance of doubt. The following items of Schedule 1 commenced: items 1-19 and 103 (on 4 April 2021) and item 1261 (on 8 December 2021).

Division 2   Unwind of certain commenced amendments

Australian Securities and Investments Commission Act 2001

6   Subparagraph 127(2A)(h)(ii)

Omit "2001;", substitute "2001.".

7   Subparagraphs 127(2A)(h)(iii) and (iv)

Repeal the subparagraphs.

Business Names Registration Act 2011

8   Section 3

Repeal the following definitions:

(a) definition of Australian business law ;

(b) definition of Commonwealth body ;

(c) definition of data standards ;

(d) definition of designated secrecy provision ;

(e) definition of disclosure framework ;

(f) definition of government entity ;

(g) definition of official employment ;

(h) definition of protected information ;

(i) definition of Registrar ;

(j) definition of secrecy provision ;

(k) definition of taxation law .

9   Section 6A

Repeal the section.

10   Section 56

Omit "(1)".

11   Subsection 56(2)

Repeal the subsection.

12   Division 1 of Part 9

Repeal the Division.

13   Division 2 of Part 9 (heading)

Repeal the heading.

Business Names Registration (Transitional and Consequential Provisions) Act 2011

14   Item 27 of Schedule 1

Omit "(1)".

15   Subitem 27(2) of Schedule 1

Repeal the subitem.

National Consumer Credit Protection Act 2009

16   Subsection 5(1)

Repeal the following definitions:

(a) definition of Australian business law ;

(b) definition of Commonwealth body ;

(c) definition of data standards ;

(d) definition of designated secrecy provision ;

(e) definition of disclosure framework ;

(f) definition of government entity ;

(g) definition of official employment ;

(h) definition of protected information ;

(i) definition of Registrar ;

(j) definition of secrecy provision ;

(k) definition of taxation law .

17   Section 16B

Repeal the section.

18   Part 5-1 (heading)

Repeal the heading, substitute:

Part 5-1 - Registers relating to credit activities

19   Section 212

Repeal the section, substitute:

212 Guide to this Part

This Part is about registers relating to credit activities that must be established and maintained by ASIC.

Division 2 requires ASIC to establish and maintain one or more registers relating to credit activities. It also deals with how those registers are to be maintained, and the inspection and public availability of those registers.

20   Division 1A of Part 5-1

Repeal the Division.

21   Subsection 327(1)

Omit "(1)".

22   Subsection 327(1A)

Repeal the subsection.

Division 3   Reintroduction of amendments

A New Tax System (Australian Business Number) Act 1999

23   Subsection 11(3)

Omit "must give *you a written notice of", substitute "must notify *you of".

24   Subsection 11(3) (note)

Repeal the note.

25   Section 12

Repeal the section.

26   Subsection 13(1)

Omit "must give you written notice of", substitute "must notify you of".

27   Subsection 13(2)

Omit "give the Registrar written notice", substitute "notify the Registrar".

28   Subsections 13(4) and (5)

Repeal the subsections, substitute:

(4) For the purposes of measuring the 28 days mentioned in subsection (2) for *your application under section 9 or 9A, disregard each period (if any):

(a) starting on the day on which the *Registrar requests you, or your proposed representative, to give the Registrar information; and

(b) ending on the day you give the Registrar that information.

29   Subsection 14(1) (note 1)

Omit "in a previous notice under this subsection or section 15", substitute "previously under this subsection or section 15".

30   Subsections 15(2) and (3)

Repeal the subsections, substitute:

(2) A request under subsection (1) to an *entity must specify the period within which the entity is to give the information. The period specified must end at least 14 days after the request is given.

31   Paragraph 17(1)(b)

Repeal the paragraph, substitute:

(b) notifying you of the new ABN and the date from which the new ABN has effect.

32   Subsection 17(1) (note)

Repeal the note.

33   Subsection 17(2)

Repeal the subsection.

34   Subsection 18(2)

Repeal the subsection, substitute:

(2) The *Registrar must notify *you of the cancellation. The notification must state:

(a) the reasons for the cancellation; and

(b) the date of effect of the cancellation.

Note: A decision setting the date of effect of a cancellation is a reviewable ABN decision.

35   Subsection 18(5)

Repeal the subsection, substitute:

(5) The *Registrar must notify *you of the cancellation and the date of effect of the cancellation.

Note: A decision setting the date of effect of a cancellation is a reviewable ABN decision.

36   Subsection 19(2)

Repeal the subsection, substitute:

(2) The *Registrar must notify *you of the reinstatement.

37   Section 41 (definition of ABN (Australian Business Number))

Repeal the definition.

38   Section 41

Insert:

ABN : see Australian Business Number .

39   Section 41

Insert:

Australian Business Number or ABN , for an *entity, means the ABN allocated to the entity under section 11.

Business Names Registration Act 2011

40   Section 3 (definition of ABN)

Repeal the definition, substitute:

ABN : see Australian Business Number .

41   Section 3

Insert:

Australian Business Number or ABN , for an entity, has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

42   Paragraph 25(e)

Omit "either", substitute "any of the following applies".

43   Subparagraph 25(e)(i)

Omit "expression; or", substitute "expression;".

44   At the end of paragraph 25(e)

Add:

; (iii) the name is constituted by or includes a word or expression that is restricted but the Minister has determined under subsection 28(2A) that the name is available to the entity.

45   After subsection 28(2)

Insert:

(2A) The Minister may determine in writing that a business name specified in the determination is to be available to an entity specified in the determination, even though the name is constituted by or includes a word or expression that is restricted.

46   Subsection 28(3)

After "subsection (2)", insert "or (2A)".

47   Subsection 32(3)

Omit "in writing".

48   Subsection 32(4)

Repeal the subsection.

49   Paragraph 34(1)(a)

Omit "give written notice to the applicant", substitute "notify the applicant".

50   Section 56 (after table item 5)

Insert:

51   At the end of subsection 58(3)

Add:

; (d) a refusal to determine under subsection 28(2A) that a business name constituted by or including a restricted word or expression is available to an entity.

52   Paragraph 58(4)(a)

Omit "or (b)", substitute ", (b) or (d)".

Corporations Act 2001

53   Section 654B

Omit "lodged" (wherever occurring), substitute "given".

54   After subsection 1274(15)

Insert:

(15A) If information about a person is held by the Registrar, the Registrar may at any time require that person to give the Registrar information about the person, being information of the kind held by the Registrar.

55   Subsection 1274(16)

Omit "The person", substitute "A person to whom subsection (15) or (15A) applies".

56   At the end of subsection 1274(16)

Add "or the Registrar, as the case requires".

57   Section 1546A

Before "In", insert "(1)".

58   At the end of section 1546A

Add:

(2) A reference in this Part to a provision of this Act as inserted by the amending Act includes a reference to that provision as amended.

Division 4   Amendments with retrospective operation

Corporations Act 2001

59   At the end of section 1270

Add:

(3) If the Commissioner of Taxation is appointed as Registrar under this section, then for the purposes of subsection 6B(6) of the Taxation Administration Act 1953, the Commissioner's powers and functions include powers and functions given to the Commissioner in the Commissioner's capacity as that Registrar.

60   After paragraph 1317B(1)(ba)

Insert:

(bb) the Registrar; or

61   In the appropriate position in Chapter 10

Insert:

1748 Application of amendments - powers and functions of acting Commissioner of Taxation

Subsection 1270(3) applies in relation to powers and functions given to the Commissioner of Taxation on or after 4 April 2021.

1749 Application of amendments - review of decisions made by Registrar

(1) Paragraph 1317B(1)(bb) applies in relation to a decision made on or after 4 April 2021.

(2) If:

(a) the Registrar made a decision on or after 4 April 2021 and before the commencement of this section; and

(b) apart from this section, the period within which an application to the Administrative Review Tribunal for review of the decision ended on or before the commencement of this section;

then for the purposes of determining when the application must be made, the decision is treated as if it had been made on the commencement of this section.

Taxation Administration Act 1953

62   Subsection 6B(6A)

Repeal the subsection, substitute:

(6A) For the purposes of subsection (6), the Commissioner's powers and functions include powers and functions given to the Commissioner:

(a) in the Commissioner's capacity as Registrar of the Australian Business Register; and

(b) if the Commissioner is appointed as the Registrar under section 6 of the Commonwealth Registers Act 2020 - in the Commissioner's capacity as that Registrar; and

(c) if the Commissioner is appointed as the Registrar under section 130R of the Foreign Acquisitions and Takeovers Act 1975 - in the Commissioner's capacity as that Registrar.

Note: Subsection 1270(3) of the Corporations Act 2001 has a similar operation if the Commissioner is appointed as Registrar under section 1270 of that Act.

63   Application

Paragraphs 6B(6A)(b) and (c) of the Taxation Administration Act 1953 as inserted by this Schedule apply in relation to powers and functions given to the Commissioner on or after 4 April 2021.

Part 2   Amendments dealing with the Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020

Business Names Registration (Fees) Amendment (Registries Modernisation) Act 2020

64   Subsection 2(1) (table item 2)

Repeal the item.

65   Subsection 2(1) (note)

Omit "Note", substitute "Note 1".

66   Subsection 2(1) (after the note)

Add:

Note 2: Item 2 of Schedule 1 commenced on 10 August 2022: see the Treasury Laws Amendment (2022 Measures No. 1) Act 2022 (table item 6 of subsection 2(1) and Part 2 of Schedule 4).

67   Items 1 and 3 of Schedule 1

Repeal the items.

Part 3   Repeals of Acts from registries modernisation package

Corporations (Fees) Amendment (Registries Modernisation) Act 2020

68   The whole of the Act

Repeal the Act.

National Consumer Credit Protection (Fees) Amendment (Registries Modernisation) Act 2020

69   The whole of the Act

Repeal the Act.

Part 4   Amendments dealing with the Treasury Laws Amendment (2020 Measures No. 6) Act 2020

Corporations Act 2001

70   Subsection 163(4)

Omit "meet any requirements of the data standards", substitute "be in the prescribed form".

71   Paragraph 446A(5)(a)

Omit "with the Registrar".

72   Subsection 446A(8)

Repeal the subsection.

73   Paragraph 491(2)(a)

Omit "the Registrar", substitute "ASIC, in the prescribed form,".

74   Subsection 491(3)

Repeal the subsection.

Superannuation Industry (Supervision) Act 1993

75   Subsection 344(1)

Omit "or the Registrar".

76   Subsection 344(1)

Omit "request the decision maker", substitute "request the Regulator".

77   Subsection 344(2)

Omit "decision maker" (wherever occurring), substitute "Regulator".

78   Subsection 344(2A)

Repeal the subsection.

79   Subsection 344(4) (heading)

Omit "Decision maker", substitute "Regulator".

80   Subsections 344(4) and (5)

Omit "decision maker" (wherever occurring), substitute "Regulator".

81   Subsection 344(6) (heading)

Omit "Decision maker's", substitute "Regulator's".

82   Subsection 344(6)

Omit "decision maker" (wherever occurring), substitute "Regulator".

83   Subsection 344(7) (heading)

Omit "if Regulator is decision maker".

84   Subsection 344(7)

Omit "is the decision maker and the Regulator".

85   Paragraphs 345(1)(a) and (b)

Omit "or the Registrar, as the case may be,".

86   Subsection 345(2)

Omit "or the Registrar".

Taxation Administration Act 1953

87   Paragraph 355-67(2)(a) in Schedule 1

Repeal the paragraph, substitute:

(a) the Registrar (within the meaning of the Commonwealth Registers Act 2020);

88   Paragraph 355-67(2)(b) in Schedule 1

Repeal the paragraph.

89   Paragraph 355-67(2)(d) in Schedule 1

Omit "1975);", substitute "1975).".

90   Paragraph 355-67(2)(e) in Schedule 1

Repeal the paragraph.

Treasury Laws Amendment (2020 Measures No. 6) Act 2020

91   Subsection 2(1) (table item 9)

Repeal the item.

92   Item 114 of Schedule 4

Repeal the item.

Part 5   Amendments dealing with the Treasury Laws Amendment (2021 Measures No. 1) Act 2021

Treasury Laws Amendment (2021 Measures No. 1) Act 2021

93   Subsection 2(1) (table item 4)

Repeal the table item.

94   Part 4 of Schedule 2

Repeal the Part.

Part 6   Amendments dealing with the Corporate Collective Investment Vehicle Framework and Other Measures Act 2022

Corporate Collective Investment Vehicle Framework and Other Measures Act 2022

95   Subsection 2(1) (table item 5)

Repeal the table item.

96   Part 3 of Schedule 5

Repeal the Part.

Part 7   Amendments dealing with the Financial Sector Reform (Hayne Royal Commission Response - Better Advice) Act 2021

Financial Sector Reform (Hayne Royal Commission Response - Better Advice) Act 2021

97   Subsection 2(1) (table item 3)

Repeal the table item.

98   Part 3 of Schedule 1

Repeal the Part.