Corporations Act 2001
CCH 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 .
The climate statements for a financial year, and the notes to the climate statements, must together disclose all of the following: (a) any:
(i) material financial risks there are for the entity; or
(ii) material financial opportunities relating to climate there are for the entity;
that are required to be disclosed by sustainability standards made for the purposes of this paragraph;
(b) any metrics and targets of the entity relating to climate that are required to be disclosed by sustainability standards made for the purposes of this paragraph, including metrics and targets relating to:
(i) scope 1 greenhouse gas emissions; or
(ii) scope 2 greenhouse gas emissions; or
(c) any information that:
(iii) scope 3 greenhouse gas emissions (including financed emissions);
(i) is about governance of, strategy of, or risk-management by, the entity in relation to the risks, opportunities, metrics and targets mentioned in paragraphs (a) and (b); and
(ii) is required to be disclosed by sustainability standards made for the purposes of this paragraph.
296D(2)
For the purposes of this section, the question of whether there are any of the following for an entity is to be worked out in accordance with sustainability standards made for the purposes of this subsection: (a) a material financial risk relating to climate; (b) a material financial opportunity relating to climate.
296D(2A)
Subsection (2B) applies if sustainability standards made for the purposes of subsection (1) require the disclosure of: (a) a scenario analysis (within the meaning given by sustainability standards made for the purposes of this paragraph); or (b) information derived from a scenario analysis; or (c) information about a scenario analysis.
296D(2B)
For the purposes of subsection (1) , a disclosure of a scenario analysis, information derived from a scenario analysis or information about a scenario analysis is taken not to satisfy that requirement unless the scenario analysis is carried out using at least both of the following scenarios: (a) the increase in the global average temperature well exceeds the increase mentioned in subparagraph 3(a)(i) of the Climate Change Act 2022 ; (b) the increase in the global average temperature is limited to the increase mentioned in subparagraph 3(a)(ii) of that Act.
296D(3)
This section does not apply if subsection 296B(1) applies for the financial year.
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