Register of controllers
386AF.—(1)  A company incorporated on or after 31 March 2017 must keep a register of its registrable controllers not later than 30 days after the date of the company’s incorporation.
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(2)  A company incorporated before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date.
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(3)  If a company that is not a company to which this Part applies subsequently becomes a company to which this Part applies, the company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the company.
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(4)  A foreign company registered under Division 2 of Part 11 on or after 31 March 2017 must keep a register of its registrable controllers not later than 30 days after the date of the foreign company’s registration.
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(5)  A foreign company registered under Division 2 of Part XI before 31 March 2017 must keep a register of its registrable controllers not later than 60 days after that date.
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(6)  If a foreign company that is not a foreign company to which this Part applies subsequently becomes a foreign company to which this Part applies, the foreign company must keep a register of its registrable controllers not later than 60 days after the date on which this Part applies or re‑applies to the foreign company.
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(7)  A company or foreign company must ensure that its register —
(a)contains such particulars of the company’s or foreign company’s registrable individual controllers and registrable corporate controllers as may be prescribed;
(b)is updated if any change to the prescribed particulars occurs; and
(c)is kept in such form and at such place as may be prescribed.
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(8)  A company or foreign company must enter the particulars in its register and update the register within the prescribed time and in the prescribed manner.
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(9)  A company or foreign company must —
(a)enter the particulars of any controller in its register, or update the particulars of that controller in the register, after the particulars of that controller are confirmed by the controller; or
(b)if the company or foreign company does not receive the controller’s confirmation, enter or update the particulars with a note indicating that the particulars have not been confirmed by the controller.
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(10)  For the purposes of subsection (9)(a), the particulars of the controller to be entered, or updated, in a register must be confirmed by the controller in the prescribed manner.
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(11)  Subject to section 386AM, a company or foreign company must not disclose, or make available for inspection, a register or any particulars contained in the register to any member of the public.
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(12)  If a company fails to comply with —
(a)subsection (1), (2) or (3), whichever is applicable; or
(b)subsection (7), (8), (9) or (11),
the company, and every officer of the company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.
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(13)  If a foreign company fails to comply with —
(a)subsection (4), (5) or (6), whichever is applicable; or
(b)subsection (7), (8), (9) or (11),
the foreign company, and every officer of the foreign company who is in default, shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000.
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