Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 304.15

Address is normally residential address

  (1)   A person's address for the purposes of an application under section   21 - 1 or notice under subsection   304 - 5(1), (3) or (5) must be his or her usual residential address unless he or she is entitled to have an alternative address substituted for his or her usual residential address under subsection   (2).

Entitlement to have alternative address

  (2)   The person is entitled to have an alternative address substituted for his or her usual residential address if:

  (a)   his or her name, but not his or her residential address, is on an electoral roll under the Commonwealth Electoral Act 1918 because of section   104 of that Act; or

  (b)   his or her name is not on an electoral roll under that Act and the Registrar determines, in writing, that including his or her residential address in the notice or application would put at risk his or her personal safety or the personal safety of members of his or her family.

This alternative address must be in Australia and be one at which documents can be served on the person. At any particular time, a person is entitled to have only 1 alternative address under this section.

  (3)   A determination under paragraph   (2)(b) is not a legislative instrument.

  (4)   A person who takes advantage of subsection   (2) must:

  (a)   before or at the same time as the alternative address is first included in an application or notice, lodge with the Registrar notice of the person's usual residential address; and

  (b)   lodge with the Registrar notice of any change in the person's usual residential address within 14 days after the change.

Penalty:   5 penalty units.

  (5)   If a court gives a judgment for payment of a sum of money against a person who is taking advantage of subsection   (2), the Registrar may give details of the person's usual residential address to an officer of the court for the purposes of enforcing the judgment debt.

  (6)   An offence against subsection   (4) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .