Corporations Act 2001
[ CCH Note: Div 5 heading will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note: S 319 heading will be amended by No 69 of 2020, s 3, Sch 1, by substituting " THE REGISTRAR " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A company, registered scheme or disclosing entity that has to prepare or obtain a report for a financial year under Division 1 must lodge the report with ASIC. This obligation extends to a concise report provided to members under section 314 .
[ CCH Note: S 319(1) will be amended by No 69 of 2020, s 3, Sch 1 and [ 614], by substituting " the Registrar " for " ASIC " and inserting " The lodgement of the report must meet any requirements of the data standards. " at the end, (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A notified foreign passport fund must lodge each of the following with ASIC for each financial year for the fund:
(a) a copy of a report for the fund for the year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund;
(b) a copy of each auditor ' s report that relates to the report mentioned in paragraph (a).
An offence based on subsection (1) or (1AA) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
Subsection (1) does not apply to:
(a) a small proprietary company that prepares a report in response to:
(i) a shareholder direction under section 293 ; or
if paragraph 292(2)(c) (about having CSF shareholders) does not also apply to the company for the financial year; and
(ii) an ASIC direction under section 294 ;
(b) a small company limited by guarantee that prepares a report in response to a member direction under section 294A or an ASIC direction under section 294B .
The time for lodgment is:
(a) within 3 months after the end of the financial year for a disclosing entity, registered scheme or notified foreign passport fund; and
(b) within 4 months after the end of the financial year for anyone else.
[ CCH Note: There is no subsection 319(4).]
(Repealed by No 116 of 2003, s 3, Sch 3 [ 31].) 319(5A)
(Repealed by No 180 of 2012, s 3, Sch 1.)
[ CCH Note: Act No 180 of 2012, s 3, Sch 7 contained the following application provision (which was effective 11 December 2012):
Application of amendments made by this Act
The amendments made by this Act apply in relation to an act or omission by a body corporate occurring on or after the day this Act commences.
(Repealed by No 116 of 2003, s 3, Sch 3 [ 31].)
[ CCH Note: Former subsections 319(4), (5) and (6) are classified as " transitional provisions " within the meaning of s 1408 of the Act. By virtue of the section, these subsections are taken to be included in the Act.]