Commonwealth Numbered Acts

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Responsibility of secretaries and directors for certain contraventions

Secretary's functions

(1) A secretary of a company contravenes this subsection if the company contravenes:

section 142 (requirement for companies to have registered office); or

section 145 (requirement for registered office of public company to be open to public); or

section 345 (annual returns); or

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:

the proprietary company contravenes section 142, 145, 205B or 345; and

the proprietary company does not have a secretary when it contravenes that section.


(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.

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