Document ID: chunk:federal_register_of_legislation:C2022C00234:clause:2_5:p3
Version: federal_register_of_legislation:C2022C00234
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 3/4)
Character Range: 259625–262533

Registrar under section 308‑10 for a director identification number:
 (i) within the application period under subsection (2) of this section; or
 (ii) within such longer period as the Commonwealth Registrar allows under section 308‑30.
Penalty: 25 penalty units.
 (2) The application period is the period of:
 (a) the number of days specified in the direction; or
 (b) if the number of days is not specified in the direction—28 days;
after the day the Commonwealth Registrar gives the direction.
 (3) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 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.

308‑30  Commonwealth Registrar may extend application periods
 (1) The Commonwealth Registrar may, on the application of an eligible officer, allow, as a longer period for applying to the Commonwealth Registrar under section 308‑10 for a director identification number:
 (a) the period specified in the application; or
 (b) such other period as the Commonwealth Registrar considers reasonable.
Note: An application for an extension of the period for applying can be made, and the period can be extended, after the period has ended: see section 694‑50.
 (2) The Commonwealth Registrar may, by legislative instrument, allow, for persons included in a specified class of persons, a longer period for applying to the Commonwealth Registrar under section 308‑10 for a director identification number.

308‑35  Infringement notices
 (1) Subsections 308‑20(1) and 308‑25(1) are subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework 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