Corporations Act 2001

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT  

PART 2M.3 - FINANCIAL REPORTING  

Division 4 - Annual financial reporting to members  

Note: This Division applies to reports relating to sub-funds of retail CCIVs in a modified form: see section 1232H .

SECTION 318   ADDITIONAL REPORTING BY DEBENTURE ISSUERS  

318(1)  
A company or disclosing entity that was a borrower in relation to debentures at the end of a financial year must give a copy of the annual financial report, directors ' report and auditor ' s report to the trustee for debenture holders by the deadline for the financial year set by section 315 .

Note: This section applies to sub-funds of retail CCIVs in a modified form: see section 1232L .

318(2)  
A debenture holder may ask the company or disclosing entity that issued the debenture for copies of:

(a)  

the last reports provided to members under section 314 ; or

(b)  the full financial report and the directors ' report and auditor ' s report for the last financial year.

318(3)  
The company or entity must give the debenture holder the copies as soon as practicable after the request and free of charge.

318(4)  
A disclosing entity that was a borrower in relation to debentures at the end of a half-year must give a copy of the half-year financial report, directors ' report and auditor ' s report to the trustee for debenture holders within 75 days after the end of the half-year.

318(5)  

An offence based on subsection (1) , (3) or (4) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .