ABRS 2021/3


Corporations (Aboriginal and Torres Strait Islander) Act 2006

I, Melinda Smith, acting Commissioner of Taxation and Chief Service Delivery Officer in my capacity as the Commonwealth Registrar, make this instrument under subsection 308-30(2) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Legislative Instrument

1. Name of instrument

This instrument is the Corporations (Aboriginal and Torres Strait Islander) (Transitional) Director Identification Number Extended Application Period 2021.

2. Commencement

This instrument commences on the later of:

a.
the day after it is registered on the Federal Register of Legislation; and
b.
the day on which Part 6-7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 commences.

3. Application

This instrument applies from the day the Commonwealth Registrar is appointed for the purposes of Part 6-7A of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

4. What this instrument is about

The commencement of the director identification number (director ID) legislation will trigger the requirement for eligible officers to have a director ID. Individuals who were not an eligible officer prior to the commencement of the director ID legislation (new eligible officers) are required in the transitional period (first 12 months after the legislation commences) to apply for a director ID within 28 days of becoming an eligible officer.

This instrument extends the application period in which new eligible officers are required to apply for a director ID if the individual becomes an eligible officer in the period;

starting when the director ID legislation commences, and
ending 31 October 2022.

5. Definitions

In this instrument:

Act means the Corporations (Aboriginal and Torres Strait Islander) Act 2006
director ID means director identification number
director ID legislation means Schedule 2 of the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020
transitional application period means the period the Minister specifies by legislative instrument for the purposes of subitem 9(2) in Schedule 2 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a)
application day;
(b)
eligible officer;
(c)
Commonwealth Registrar.

6. Class of person to whom this instrument applies

For the purposes of subsection 308-30(2) of the Act the following class of person is defined for the purposes of allowing an extended period to apply for a director ID.

A person falls within the class if the person:

a.
was not an eligible officer immediately before the application day; and
b.
becomes an eligible officer within the period:

i.
starting on the application day, and
ii.
ending 31 October 2022.

7. Extended application period

For the purposes of paragraph 308-20(2)(a)(iii) of the Act a person within the class defined by section 6 has until 30 November 2023 to apply for a director ID.



22 April 2021

Melinda Smith
Registrar


Registration Number: F2021L00513

Registration Date: 29 April 2021

Related Explanatory Statements:

ABRS 2021/3 - Explanatory statement