Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1274:p4
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1274 (pt 4/6)
Character Range: 5397234–5399905

commercial‑in‑confidence, before allowing a person to inspect the statement, or giving a copy or extract of the statement to a person, under subsection (2).
 (4E) A statement of affairs is a statement or report required to be prepared under one of the following provisions:
 (a) subsection 421A(1);
 (b) paragraph 429(2)(b);
 (c) subsection 438B(2);
 (d) subsection 475(1) or (2);
 (e) subsection 494(2);
 (f) subsection 497(4).
 (4F) Information is commercial‑in confidence if:
 (a) the disclosure of the information could unreasonably affect a person, or a business or action related to a person, in an adverse manner; and
 (b) the information is not in the public domain; and
 (c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
 (d) the information is not readily discoverable.
 (4G) Despite subsection (2), a person is not entitled to inspect, or to require a copy or an extract of, any information in a statement of affairs that has been edited from the statement under subsection (4D).
 (5) A copy of or extract from any document lodged with ASIC, and certified by ASIC, is, in any proceeding, admissible in evidence as of equal validity with the original document.
Note: See also subsection (2A) for when certain documents are taken to have been lodged with ASIC.
 (6) The reference in subsection (5) to a document includes, where a reproduction or transparency of that document has been incorporated with a register kept by ASIC, a reference to that reproduction or transparency.
 (7) In any proceeding:
 (a) a certificate by ASIC that, at a date or during a period specified in the certificate, no company was registered under this Act by a name specified in the certificate is to be received as prima facie evidence that at that date or during that period, as the case may be, no company was registered by that name under this Act; and
 (b) a certificate by ASIC that a requirement of this Act specified in the certificate:
 (i) had or had not been complied with at a date or within a period specified in the certificate; or
 (ii) had been complied with at a date specified in the certificate but not before that date;
  is to be received as prima facie evidence of matters specified in the certificate; and
 (c) a certificate by ASIC that, during a period specified in the certificate, a particular company was registered, or taken to be registered, under this Act is to be received as prima facie evidence that, during that period, that company was registered under this Act.
 (7A) A certificate issued by ASIC stating that a company has been registered under this Act is conclusive evidence