Corporations Act 2001
Section 302 does not apply to a CCIV that is a disclosing entity except as set out in this section. 1232F(2)
If any securities referable to a sub-fund of a retail CCIV are ED securities, section 302 applies to the CCIV as if the requirement in paragraph 302(a) required the CCIV to prepare a financial report and directors ' report for each half-year for the sub-fund. 1232F(3)
For the purposes of subsection (2) , ED securities that are units of shares in a CCIV are referable to the sub-fund of the CCIV to which the shares are referable. 1232F(4)
The remaining provisions of Division 2 of Part 2M.3 apply in relation to the following documents relating to the sub-fund: (a) a financial report and directors ' report prepared under paragraph 302(a) as applied by subsection (2) of this section; (b) the documents of which the financial report consists under subsection 303(1) ;
as if the sub-fund were the CCIV.
Note: The combined effect of subsection 1232(1) and this subsection is that references in the remaining provisions of Division 2 of Part 2M.3 to the disclosing entity are, where appropriate, to be read as referring to the sub-fund.1232F(5)
Despite subsection (4) of this section, paragraph 303(4)(c) applies to a directors ' declaration relating to the sub-fund as if the debts mentioned in that paragraph were only the debts referable to the sub-fund. 1232F(6)
Section 306 applies to the sub-fund of the CCIV as if the requirement in subsection 306(1) were instead a requirement for the directors ' report for the sub-fund for each half-year to include: (a) a review of the sub-fund ' s operations during the half-year and the results of those operations; and (b) details of:
(i) the name of each corporate director of the CCIV at any time during or since the end of the half-year, and the period for which each was the corporate director; and
(ii) the name of each director of the corporate director of the CCIV at any time during or since the end of the half-year, and the period for which each was a director of the corporate director.