CORPORATIONS ACT 2001

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT  

PART 2M.3 - FINANCIAL REPORTING  

Division 4 - Annual financial reporting to members  

SECTION 318   ADDITIONAL REPORTING BY DEBENTURE ISSUERS  

318(1)   [ Trustee to receive reports]  

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.

318(2)   [ Debenture holder]  

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)   [ Copies to debenture holder]  

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

318(4)   [ Disclosing entity that was a borrower in relation to debentures]  

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)   [ Strict liability offence]  

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 .


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