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 322   RELODGMENT IF FINANCIAL REPORTS, SUSTAINABILITY REPORTS OR DIRECTORS ' REPORTS AMENDED AFTER LODGMENT  
Financial reports, sustainability reports and directors ' reports lodged by companies, registered schemes or disclosing entities

322(1)    

If a financial report, sustainability report or directors ' report is amended after it is lodged with ASIC, the company, registered scheme or disclosing entity must:

(a)    lodge the amended report with ASIC within 14 days after the amendment; and

(b)    give a copy of the amended report free of charge to any member who asks for it.

Reports on financial matters lodged by notified foreign passport funds

322(1A)    
If a report lodged with ASIC by a notified foreign passport fund is amended after it is lodged with ASIC, the notified foreign passport fund must:

(a)    lodge the amended report with ASIC within 14 days after the amendment; and

(b)    give a copy of the amended report free of charge to any Australian member who asks for it.

Notifying members if there is a material amendment

322(2)    
If the amendment is a material one, the company, registered scheme, notified foreign passport fund or disclosing entity must also notify members as soon as practicable of:

(a)    the nature of the amendment; and

(b)    their right to obtain a copy of the amended report under subsection (1) or (1A) .

Financial reports, sustainability reports and directors ' reports lodged by registrable superannuation entities

322(2A)    

If:

(a)    

a financial report, sustainability reports or directors ' report for a financial year relates to a registrable superannuation entity; and

(b)    the report is amended after it is lodged with ASIC;

the entity must, within 14 days after the amendment:

(c)    lodge the amended report with ASIC; and

(d)    make both of the following publicly available on the entity ' s website on and after the day on which the amended report is lodged with ASIC under paragraph (c) :

(i) a copy of the amended report;

(ii) a description of the nature of the amendment.

Offence

322(3)    

An offence based on subsection (1) , (1A) , (2) or (2A) is an offence of strict liability.

Note 1: For strict liability , see section 6.1 of the Criminal Code .

Note 2: This section applies to sub-funds of retail CCIVs in a modified form: see section 1232M .