Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_188
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 188
Character Range: 15720–16773

188  Responsibility of secretaries and directors for certain contraventions

Secretary's functions

 (1) A secretary of a company contravenes this subsection if the company contravenes:
 (a) section 142 (requirement for companies to have registered office); or
 (b) section 145 (requirement for registered office of public company to be open to public); or
 (c) section 345 (annual returns); or
 (d) section 205B (lodgment of notices with ASIC).

Note: See section 203C for the circumstances in which a company must have a secretary.

Consequence if director of proprietary company without secretary does not fulfil secretary's function

 (2) Each director of a proprietary company contravenes this subsection if:
 (a) the proprietary company contravenes section 142, 145, 205B or 345; and
 (b) the proprietary company does not have a secretary when it contravenes that section.

Defence

 (3) A person does not contravene subsection (1) or (2) if they show that they took all reasonable steps to ensure that the company complied with the section.