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

National Consumer Credit Protection Act 2009

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.