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, registrable superannuation entity or disclosing entity that has to prepare or obtain a report for a financial year under Division 1 must lodge the report with ASIC. In the case of a company, registered scheme or disclosing entity, 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, registrable superannuation entity or notified foreign passport fund; and

(b)    within 4 months after the end of the financial year for anyone else.

Registrable superannuation entities

319(4)    

The regulations may require that the lodgment of a report by a registrable superannuation entity under subsection (1) must be in a prescribed manner.

319(5)    

A manner prescribed for the purposes of subsection (4) may involve electronic communication.

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(Repealed by No 180 of 2012, s 3, Sch 1[14].)

319(6)    

Subsection (5) does not limit subsection (4) .

319(7)    

Section 352 does not apply to the lodgment of a report if regulations are in force under subsection (4) of this section in relation to the lodgment of the report.