Corporations Act 2001
This section applies if, during a transparency reporting year, a transparency reporting auditor conducts audits, under Division 3 of Part 2M.3 , of 10 or more bodies of any of the following kinds:
(a) listed companies;
(b) listed registered schemes;
(c) ADIs (authorised deposit-taking institutions) within the meaning of the Banking Act 1959 ;
(d) bodies mentioned in paragraph (c) or (e) of the definition of body regulated by APRA in subsection 3(2) of the Australian Prudential Regulation Authority Act 1998 ;
(e) bodies prescribed by the regulations for the purposes of this paragraph.
Note: The 10 or more bodies do not all have to be of the same kind. This section applies (for example) if, during the year, the transparency reporting auditor conducts audits of 6 listed companies and 4 listed registered schemes.332A(2)
The auditor must publish an annual transparency report for the transparency reporting year, containing the information required by section 332B , on the auditor ' s website within the period of 4 months after the end of the year (or that period as extended under section 332C ).
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).332A(3)
The auditor must lodge a copy of the report with ASIC on or before the day it is first published on the auditor ' s website.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).
[ CCH Note: S 332A(3) will be amended by No 69 of 2020, s 3, Sch 1 and [ 632], by substituting " the Registrar " for " ASIC " and inserting " The lodgement 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).]
An offence based on subsection (2) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .