Corporations Act 2001
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Hide history noteCCH Note: The application of Division 1 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Externally-Administered Bodies) Instrument 2015/251.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Division 1, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
Note: This Division applies to retail CCIVs with modifications: see Subdivision C of Division 4 of Part 8B.4 .
CCH Note: Section 294B is modified by the ASIC Corporations (Externally-Administered Bodies) Instrument 2015/251.
ASIC may give a small company limited by guarantee a direction to comply with the requirements of this Division and Divisions 3, 4, 5 and 6 for a financial year.
294B(2)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
294B(3)
The direction may be general or may specify the particular requirements that the company is to comply with.
294B(4)
The direction must specify the date by which the documents have to be prepared, sent or lodged. The date must be a reasonable one in view of the nature of the direction.
294B(5)
The direction must: (a) be made in writing; and (b) specify the financial year concerned; and (c) be made no later than 6 years after the end of that financial year.
294B(6)
A direction given under subsection (1) is not a legislative instrument.
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