Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p98
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 98/175)
Character Range: 418984–421788

number).
 (3) A person who is not an eligible officer may apply to the Commonwealth Registrar for a director identification number if:
 (a) the person intends to become an eligible officer within 12 months after applying; and
 (b) the person does not already have a director identification number.
 (4) An application for a director identification number must meet any requirements of the data standards.
Note: A person may commit an offence if the person knowingly gives false or misleading information (see section 561‑1 of this Act and section 137.1 of the Criminal Code).

308‑15  Eligible officers
 (1) An eligible officer is:
 (a) a director of an Aboriginal and Torres Strait Islander corporation who:
 (i) is appointed to the position of a 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