ACRA’s investigation process: What to expect
Understand your obligations when ACRA investigates you or your company, including possible outcomes.
On this page
Tip: If you filed a complaint for suspected statutory breaches, learn what happens after filing.
Starting an investigation
ACRA may start an investigation after it confirms that a complaint meets all three required factors.
During investigation
If ACRA investigates a matter involving you or your company, an authorised ACRA officer may contact you.
You are legally required to cooperate with the investigation. This means you must comply when an authorised officer exercises their investigation powers under the ACRA Act 2004.
ACRA's investigations powers
What ACRA can do | What this means |
|---|---|
Require proof of identity | You must provide evidence of your identity if an officer reasonably believes you committed an offence. |
Require information and documents | Officers can require any person to:
Officers may inspect, copy, or take extracts from these books or documents without fee or reward. |
Call witnesses | Officers can require you, by order in writing, to attend before them if you:
|
Conduct interviews | Officers can question you if they reasonably believe you are acquainted with the facts or circumstances of the case. Your answers and statements will be recorded in writing. |
Take evidence | Officers can photograph or video record premises and people connected to the investigation. |
Access premises | You must provide officers free access to your premises to investigate potential offences. |
Note: Officers can only exercise these powers when they reasonably believe an offence has been committed or that you have information relevant to the investigation.
After investigation
After completing an investigation, ACRA considers each case independently and fairly before deciding on the appropriate action.
The action taken depends on factors such as the severity of the breach, your cooperation during the investigation, and whether you are a repeat offender.
ACRA may decide to:
Request that you rectify a matter
Issue an advisory or warning
Allow you to compound for the breach (pay a fine to settle the matter)
Prosecute you in court
Use other regulatory tools (such as striking off, disqualification or debarment)
Take no further action
Regulatory tools
Striking off
If a company is struck off the register, it ceases to exist as a legal entity.
ACRA may strike off a company from the register if there are reasonable grounds to believe it is not in operation or not carrying on business. This includes situations where a company:
Fails to hold its annual general meeting (AGM) repeatedly
Fails to file its annual returns (ARs)
Has an outdated registered business address
Does not respond to ACRA's letters
Disqualification
Directors who have at least three of their companies struck off by ACRA within five years will be disqualified from:
Acting as director
Taking part in the management of any company
The disqualification period is five years from the date after the third company is struck off.
More details: When a director can or must leave office
Debarment order
Debarment orders prevent you from taking on new appointments as a director or company secretary.
If you repeatedly fail to meet requirements under the Companies Act 1967, you may face a debarment order.
How ACRA decides on enforcement action
Decision to prosecute
When deciding whether to prosecute an offender, ACRA considers:
Whether there is enough evidence gathered
Whether other regulatory tools would be more suitable
For example, first-time offenders may be offered a chance to attend a training programme instead of facing enforcement and prosecution.
If you failed to hold your AGM on time or file your annual return on time, you may be asked to attend the Director's Compliance Programme.
Deciding on sentencing
If ACRA decides to prosecute an offender in court, ACRA will consider these factors first:
Whether the offence was premeditated
Whether the offence was prevalent
Whether the offender was a repeat offender
