THE CORPORATIONS LAW

CHAPTER 2N - ANNUAL RETURNS AND LODGMENTS WITH ASIC

PART 2N.1 - ANNUAL RETURNS

SECTION 345   DEADLINE FOR LODGING ANNUAL RETURN  

345(1)  Companies.  

A company must lodge an annual return with ASIC by 31 January each year, unless ASIC and the company agree to a different lodgment date (see subsection (3)).

345(2)  Responsible entities of registered schemes.  

The responsible entity of a registered scheme must lodge an annual return for the scheme with ASIC. The return for a scheme must be lodged within 3 months after the end of the scheme's financial year unless ASIC and the responsible entity agree to a different lodgment date (see subsection (3)).

345(3)  Agreed lodgment date.  

ASIC and the company or ASIC and the responsible entity may agree to a different lodgment date. The agreement must be in writing and may cover 1 or more years. The annual return must be lodged by the agreed date.

345(4)  Company's obligation to lodge some notices ceases on lodgment of annual return.  

A company's obligation to lodge a notice under section 142, 146, 242 or 254X, ceases when:

(a)  the company lodges an annual return; and

(b)  the annual return sets out the information required by the notice.

This subsection does not affect the company's liability for late lodgment fees incurred before the annual return is lodged or continuing offences committed before that time.

Note:

ASIC has a practice of sending out partly completed annual returns. The partly completed return may be used to comply with the obligation to lodge an annual return by correcting any information in it that is not accurate, completing the rest and lodging it with ASIC.