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 .
Basic contents
296A(1)
The sustainability report for a financial year consists of: (a) the climate statements for the year; and (b) any notes to the climate statements; and (c) any statements required under subsection (5) ; and (d) any notes to the statements mentioned in paragraph (1)(c) required under subsection (5) ; and (e) the directors ' declaration about the statements and the notes.
Climate statements
296A(2)
Subject to section 296B , the climate statements for the year are the climate statements in relation to the entity required by sustainability standards made for the purposes of this subsection.
Notes to climate statements
296A(3)
A sustainability report must include the following notes to the climate statements: (a) any disclosures required under subsection (4) ; (b) any notes, required by sustainability standards made for the purposes of this paragraph, in relation to:
(i) the preparation of the climate statements; or
(ii) anything included in the climate statements; or
(c) notes containing any other information necessary to ensure that the climate statements and notes together make the disclosures required by section 296D .
(iii) other matters concerning environmental sustainability;
296A(4)
The Minister may, by legislative instrument, require a sustainability report to include specified disclosures in relation to: (a) the preparation of the climate statements; or (b) anything included in the climate statements.
Other statements and notes
296A(5)
For the purposes of paragraphs (1)(c) and (d) , the Minister may, by legislative instrument, require a sustainability report to include: (a) statements relating to financial matters concerning environmental sustainability; and (b) notes to the statements.
Directors ' declaration
296A(6)
The directors ' declaration is a declaration by the directors as to whether, in the directors ' opinion, the substantive provisions of the sustainability report are in accordance with this Act, including: (a) section 296C (compliance with sustainability standards etc.); and (b) section 296D (climate statement disclosures).
296A(7)
The declaration must: (a) be made in accordance with a resolution of the directors; and (b) specify the date on which the declaration is made; and (c) be signed by a director.
Note: Section 1228 deals with directors ' resolutions for CCIVs.
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