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

Schedule 2   ASIC powers

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

Division 1   Communicating with ASIC

Business Names Registration Act 2011

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.