CORPORATIONS ACT 2001

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT  

PART 2M.3 - FINANCIAL REPORTING  

Division 5 - Lodging reports with ASIC  

SECTION 319   LODGMENT OF ANNUAL REPORTS WITH ASIC  

319(1)  


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 .

319(1AA)  
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).

319(1A)  


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 .

319(2)  


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

(ii) an ASIC direction under section 294 ;
if paragraph 292(2)(c) (about having CSF shareholders) does not also apply to the company for the financial year; and


(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 .

319(3)  
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.

319(5)  
(Repealed by No 116 of 2003, s 3, Sch 3 [ 31].)

319(5A)  
(Repealed by No 180 of 2012, s 3, Sch 1[14].)

319(6)  
(Repealed by No 116 of 2003, s 3, Sch 3 [ 31].)


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