ASIC Form 379 Sets Process and Deadlines for Director Residential Address Suppression

Key Takeaways

• ASIC's Form 379 (version dated 3 March 2023) lets eligible individuals suppress their usual residential address on the public register by substituting an alternative address.
• Compliance teams must track strict change-notification deadlines and use the correct lodgement channel, because a misfiled change can expose a protected address publicly.
• Note that the item is labeled a press release but is a prescribed form with its guide, not a new rule or policy change.

Deep Dive

ASIC's Form 379 (version dated 3 March 2023) lets eligible individuals suppress their usual residential address on the public register by substituting an alternative address. Compliance teams must track strict change-notification deadlines and use the correct lodgement channel, because a misfiled change can expose a protected address publicly. Note that the item is labeled a press release but is a prescribed form with its guide, not a new rule or policy change.

The document is an existing form under the Corporations Act 2001 and not a new regulatory change. Its relevance is operational: organizations that support company officeholders, such as directors and company secretaries, need controls to protect personal address data. The form covers applications under subsections 5H(2), 117(2), and 205B(1), (2) or (4). Corporate secretarial, legal entity management, and registered agent teams are most directly affected.

An applicant must qualify under one of two grounds. Under Box A, the person has been granted "silent enrolment" by the Australian Electoral Commission under Section 104 of the Commonwealth Electoral Act 1918, and must attach the AEC confirmation letter. Under Box B, the person is not on an electoral roll and ASIC has determined in writing under paragraph 205D(2)(b) that they may use an alternative address. This requires a Form 378, a statutory declaration, and a lodging fee. The alternative address must be in Australia, must be an address where the person can be contacted, cannot be a post office box, and only one may be used at a time. The form must be signed by the individual, and a lodgement fee applies. Completed Forms 378 and 379 and attachments are not available for public inspection.

There is no lodgement period for the initial notice. A change of usual residential address must be lodged within 14 days, and a change of alternative address within 28 days. Suppression holds only if these deadlines are met and the address is not the principal place of business or registered office of a company, which ASIC cannot suppress. Critically, changes must be lodged on Form 379 and not on Form 484 (Change of company details). A change made through Form 484 makes the address publicly available on the register.

Compliance teams should:
- Update procedures and checklists to route suppressed-address changes only through Form 379.
- Flag suppressed-address individuals in entity management systems and restrict internal access to their residential details.
- Set calendar alerts for the 14-day and 28-day deadlines.
- Train secretarial staff on the Form 484 pitfall.
- Confirm that no suppressed address is used as a registered office or principal place of business.
- Handle forms as confidential: use "PRIVATE & CONFIDENTIAL" marked envelopes addressed to the Alternative Address Officer, and apply privacy controls to stored copies.

Failure to comply creates personal safety, privacy, and reputational risks for officeholders. It could also lead to breaches of internal data protection obligations and potential statutory lodgement issues. Because the form version is dated 2023, teams should verify they are using the current version and fee schedule on ASIC's website.

Source: Australian Securities and Investments Commission