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This instrument authorises the disclosure of registry information in any circumstances in which the disclosure would have been permitted immediately prior to the commencement of the instrument, effectively continuing the current access and disclosure arrangements, as previously required or permitted by the Australian Business Registrar.
Administered by: Treasury
Registered 21 Jun 2022

Legislative Instrument

Australian Business Register—Transitional Registry Disclosure Framework 2022

 

I, Chris Jordan, Commissioner of Taxation in my capacity as the Registrar, make this instrument under subsection 16(1) of the Commonwealth Registers Act 2020 for the purpose of the disclosure of registry information.

 

Chris Jordan

Registrar

16 June 2022

 

 

1             Name

This instrument is the Australian Business RegisterTransitional Registry Disclosure Framework 2022.

 

2             Commencement

This instrument commences immediately after the commencement of item 20 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020.

 

3             Authority

This instrument is made under the Commonwealth Registers Act 2020.

 

4             Definitions

Note:     A number of terms used in this instrument are defined in the Commonwealth Registers Act 2020 and the A New Tax System (Australian Business Number) Act 1999, including the following:

(a)           official employment;

(b)           protected information;

(c)           Registrar.

In this instrument:

commencement day means the day on which item 20 of Schedule 1 to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 commences.

ABN Act means the A New Tax System (Australian Business Number) Act 1999.

Australian Business Registrar means the Registrar referred to in section 28 of the old ABN Act.

old ABN Act means the A New Tax System (Australian Business Number) Act 1999 as in force immediately before the commencement of this instrument.

old ABN instrument means an instrument or approved form made under the old ABN Act.

registry information means any information that is protected information within the meaning of the Commonwealth Registers Act 2020; for the avoidance of doubt, that includes information:

(a)          provided to, obtained or held by the Registrar in connection with particular functions or powers of the Registrar; or

(b)          previously provided to, obtained or held by the Australian Business Registrar in connection with particular functions or powers of that Registrar.

 

5             Disclosure of registry information

(1)          The disclosure of registry information is permitted by this instrument where:

(a)          Australian Business Registrar would have been permitted to make the disclosure immediately prior to the commencement day under:

(i)            the old ABN Act

(ii)           an old ABN instrument; or

(iii)          Division 355 of Schedule 1 to the Taxation Administration Act 1953; or

(b)          the disclosure is of information that has been lawfully made available to the public prior to the commencement day.

Note:      The effect of this subsection is that a disclosure of protected information in accordance with this instrument is authorised by paragraph 17(3)(e) of the Commonwealth Registers Act 2020.

(2)          For the avoidance of doubt, and without limiting subsection (1), a disclosure that is permitted by that subsection may be made:

(a)          using notices, forms or systems or any other means by which the disclosure would have been made by the Australian Business Registrar immediately before the commencement day; or

(b)          in accordance with any arrangement that was in place immediately before the commencement day.

 

6             Application to prevent the disclosure of particular protected information

(1)          Any application to the Registrar made under section 19 of the Commonwealth Registers Act 2020 is to be made on the same basis as an application under subsection 26(4) of the old ABN Act was permitted to be made to the Australian Business Registrar.

(2)          The Registrar may decide the application on the same basis as the Australian Business Registrar would have decided an application under subsection 26(4) of the old ABN Act.

(3)          For the avoidance of doubt, and without limiting subsections (1) and (2), the application or the decision may be made using notices, forms or systems or any other means by which the application would have been made to the Australian Business Registrar or the decision would have been made by the Australian Business Registrar under the old ABN Act.