Corporations Act 2001
View history note
Hide history noteAn entity may decide where to keep the sustainability records.
Records kept outside this jurisdiction
289A(2)
If sustainability records about particular matters are kept outside this jurisdiction, sufficient written information about those matters must be kept in this jurisdiction to enable substantive provisions of the sustainability report to be prepared.
289A(3)
Subsection (4) applies in relation to an entity and a particular place in this jurisdiction if the entity: (a) does not currently keep information at that place for the purposes of subsection (2) ; and (b) begins to keep information at that place for that purpose.
289A(4)
The entity must give ASIC written notice of that place: (a) in the prescribed form; and (b) no later than:
(i) the day the entity is required to lodge a sustainability report under section 319 for the financial year in which the entity begins to keep information at that place; or
(ii) the day the entity would be required to lodge a sustainability report under section 319 for the financial year in which the entity begins to keep information at that place if the entity were required to prepare a sustainability report for that financial year.
289A(5)
ASIC may direct an entity to produce specified sustainability records that are kept outside this jurisdiction.
289A(6)
The direction must: (a) be in writing; and (b) specify a place in this jurisdiction where the records are to be produced (the place must be reasonable in the circumstances); and (c) specify a day (at least 14 days after the direction is given) by which the records are to be produced.
289A(7)
The entity must comply with the direction.
Offences
289A(8)
An offence based on subsection (2) , (4) or (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
