Document ID: chunk:federal_register_of_legislation:C2022C00234:clause:2_5:p2
Version: federal_register_of_legislation:C2022C00234
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 2/4)
Character Range: 257032–259896

director; or
 (ii) is appointed to the position of an alternate director and is acting in that capacity;
  regardless of the name that is given to that position; or
 (b) any other officer of an Aboriginal and Torres Strait Islander corporation who is an officer of a kind prescribed by the regulations;
but does not include a person covered by a determination under subsection (2) or (3).
 (2) The Commonwealth Registrar may determine that a particular person is not an eligible officer. The Commonwealth Registrar must notify the person of the determination.
 (3) The Commonwealth Registrar may, by legislative instrument, determine that a class of persons are not eligible officers.

308‑20  Requirement to have a director identification number
 (1) An eligible officer commits an offence if the officer does not have a director identification number.
Penalty: 25 penalty units.
 (2) Subsection (1) does not apply if:
 (a) the officer applied to the Commonwealth Registrar under section 308‑10 for a director identification number:
 (i) before the day the officer first became an eligible officer (or an eligible officer within the meaning of the Corporations Act 2001); or
 (ii) if the regulations specify an application period—within that period, starting at the start of that day; or
 (iii) within the longer period (if any) the Commonwealth Registrar allows under section 308‑30, starting at the start of that day; and
 (b) the application, and any reviews arising out of it, have not been finally determined or otherwise disposed of.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) does not apply if the officer became an eligible officer without the officer's knowledge.
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) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) 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.

308‑25  Requirement to apply for a director identification number
 (1) An eligible officer commits an offence if:
 (a) the Commonwealth Registrar, under subsection 308‑10(2), directs the officer to apply for a director identification number; and
 (b) the officer does not apply to the Commonwealth 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