Corporations Act 2001

CHAPTER 2M - FINANCIAL REPORTS, SUSTAINABILITY REPORTS AND AUDIT  

PART 2M.3 - FINANCIAL AND SUSTAINABILITY REPORTING  

Division 5 - Lodging reports with ASIC  

SECTION 321   ASIC POWER TO REQUIRE LODGMENT  

321(1)    

ASIC may give a company, registered scheme, registrable superannuation entity or disclosing entity a direction to lodge with ASIC a copy of reports prepared or obtained by it under Division 1 or 2 .

321(1AA)    

ASIC may give a notified foreign passport fund a direction to lodge with ASIC:

(a)    a copy of a report for the fund for a financial year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund; and

(b)    a copy of each auditor ' s report that relates to the report mentioned in paragraph (a) .

321(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 .

321(2)    
The direction must:

(a)    be made in writing; and

(b)    specify the period or periods concerned; and

(c)    be made no later than 6 years after the end of the period or periods; and

(d)    specify the date by which the documents have to be lodged.

The date specified under paragraph (d) must be at least 14 days after the date on which the direction is given.