Department of the Corporate Affairs Commission (GA231)

The Department of the Corporate Affairs Commission was created to reflect the link between the Department, the Corporate Affairs Commission and the National Companies and Securities Commission. This was achieved by expanding the former Department for Corporate Affairs and re-organising the internal structure of its branches.

The Corporate Affairs Commission was created as a "corporation sole" consisting of the Commissioner or his Deputy. The Department of the Corporate Affairs Commission provides the staff to support the Commission, and the Commissioner is its permanent head. Established on 9th July 1979 the Department (1), consists of the Registration Branch and Investigation Branch (which had constituted the Department for Corporate Affairs) and a Legal Branch. The latter was added to solve difficulties encountered as a result of reliance on the Crown Law Office (2) for legal advice and the mounting of prosecutions. The new Branch prepares advice for government on the operation of corporate law; advices the Investigation Branch and mounts prosecution on its behalf, and advises the public on the operation of corporate law. [The origin of the Legal Branch is obscure. It was apparently the Commercial Prosecutions Branch of the Crown Law Office and may have been transferred as early as 1975].

The major internal change, coincidental with the establishment of the Department, was the move from paper to microform for the storage of, and public access to, documents lodged by registered bodies. This began in August 1980 with company records, and in 1985 work began on microfilming the Associations files.

In 1981, in addition to its statutory obligation to enforce South Australian Corporate Law, the Department became the South Australian agent of the National Companies and Securities Commission (NCSC). By agreement with the States, the Federal Government enacted a series of laws and established the National Companies and Securities Commission (3). All States, except Queensland, passed enabling legislation and the relevant statutory authorities (in South Australia's case the Corporate Affairs Commission) became agents of the NCSC (4). This vastly simplified the registration procedures; even overseas companies now need only register in one state to become "recognised" in all others.

On 17 March 1983, the Registrar of Credit Unions and Building Societies became (with his staff) the Building Societies and Credit Unions Division of the Department (5). This is probably the last major change to the Commission for some time. For charts of the internal organisation of the Department of the Corporate Affairs Commission, see the Annual Reports in Parliamentary Papers.

[The Department of the Corporate Affairs Commission provides secretarial support to the Company's Auditors Board but, though the functions of the two bodies overlap to some extent, they are totally separate organisations and neither the Commission nor the Department control the Board.]

(1) S.A.G.G. 5 July 1979, p. 3.

(2) Part of GA 166, Attorney-General's Department [IV].

(3) The formal agreement was executed 22 December 1978. For a copy see the schedule to the National Companies and Securities Commission (State Provisions) Act, 1981 (No. 43 of 1981).

(4) Queensland was expected to join the scheme in 1986.

(5) S.A.G.G. 17 March 1983, p. 654.

For related legislation see the hard copy agency registration for GA 231.