Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Division 3 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 legislative instruments or class orders before 1 January 2022 that affect the application of Division 3, 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 sub-funds of retail CCIVs in a modified form: see section 1232G .
Audit of sustainability report
309A(1)
An auditor who audits the sustainability report for a financial year must report to members in accordance with subsections (2) , (3) , (4) and (5) on whether the auditor is of the opinion that the sustainability report is in accordance with this Act, including: (a) subsection 296A(2) or 296B(1) (contents of climate statements); and (b) section 296C (compliance with sustainability standards etc.); and (c) section 296D (climate statement disclosures).
If the auditor is not of that opinion, the auditor ' s report must say why.
309A(2)
The auditor ' s report must describe: (a) any defect or irregularity in the sustainability report; and (b) any deficiency, failure or shortcoming in respect of the matters referred to in paragraph 307AA(b) .
Requirements for report
309A(3)
The auditor ' s report must include any statements or disclosures required by the auditing standards.
309A(4)
If the sustainability report includes additional information under paragraph 296A(3)(c) , the auditor ' s report must also include a statement of the auditor ' s opinion on whether the inclusion of that additional information was necessary to make the disclosures required by section 296D .
309A(5)
The auditor ' s report must specify the date on which it is made.
Offences
309A(6)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
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