Debbie from Copyright Claim Services has done an in-depth investigation into the legality of the Director ID and found that it appears to have no basis in law.
After researching the laws to find the enacting Act that would empower the demand for all Company DIrectors to register for a MyGovID, Debbie was unable to find the Act. She has written to Martin Kingston, Stephen Donoghue and Mark Dreyfuss at Australian Government Solicitor seeking clarification, but they have not replied. Therefore, they have acquiesced and admitted that there is no Act.
If you would like to write to them as well, please ask the same questions Debbie did. We need answers.
If they cannot answer, it stands to reason that the demands and threats by the government for all Company Directors to register for a MyGovID are all bluff and totally unlawful.
The Corporations Act and a Company Constitution
But Debbie went even further. She researched the Corporations Act and what she found will surprise many business leaders.
When a company or its representative accountant registers under the Corporations Act with ASIC, that corporation tacitly accepts the Act as their corporate constitution.
But what your accountant may not be aware of is that if a company writes its own constitution, their constitution supersedes the Corporations Act and it becomes the law that the company must obey. Knowing this, it is a simple matter to write your own company constitution, or to amend it if you already have one, to include a stipulation specifically stating that its Directors may not register for any kind of ID
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