Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p100
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 100/175)
Character Range: 424202–427104

for using infringement notices in relation to provisions.

Infringement officer
 (2) For the purposes of Part 5 of the Regulatory Powers Act, each member of the staff of the Commonwealth Registrar who holds, or is acting in, an office or position that is equivalent to an SES employee is an infringement officer in relation to subsections 308‑20(1) and 308‑25(1) of this Act.

Relevant chief executive
 (3) For the purposes of Part 5 of the Regulatory Powers Act, the relevant chief executive in relation to subsections 308‑20(1) and 308‑25(1) of this Act is:
 (a) the person specified as the relevant chief executive in the Commonwealth Registrar's instrument of appointment under section 6 of the Commonwealth Registers Act 2020; or
 (b) if there is no person specified—the Commonwealth Registrar.

Matters to be included in an infringement notice
 (4) Subparagraph 104(1)(e)(iii) of the Regulatory Powers Act applies to an infringement notice relating to an alleged contravention of subsection 308‑20(1) or 308‑25(1) of this Act as if that subparagraph did not require the notice to give details of the place of the contravention.

308‑40  Applying for additional director identification numbers
 (1) A person commits an offence if:
 (a) the person applies for a director identification number; and
 (b) the person knows that the person already has a director identification number.
Penalty: 100 penalty units or imprisonment for 12 months, or both.
 (2) Subsection (1) does not apply if the Commonwealth Registrar directed the person under subsection 308‑10(2) to make the application.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) does not apply if the person purports to make the application only in relation to Part 9.1A of the Corporations Act 2001.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (4) A person who contravenes, or is involved in a contravention of, subsection (1) contravenes this subsection.
Note 1: This subsection is a civil penalty provision (see section 386‑1).
Note 2: Section 694‑55 defines involved in.

308‑45  Misrepresenting director identification numbers
 (1) A person commits an offence if the person intentionally represents to an Aboriginal and Torres Strait Islander corporation, as the director identification number of the person or another person, a number that is not that director identification number.
Penalty: 100 penalty units or imprisonment for 12 months, or both.
 (2) A person who contravenes, or is involved in a contravention of, subsection (1) contravenes this subsection.
Note 1: This subsection is a civil penalty provision (see section 386‑1).
Note 2: Section 694‑55 defines involved in.

Part 6‑8—Exemption from operation of certain provisions