Corporations Act 2001
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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 .
CCH Note: Section 312 is modified by the ASIC Corporations (Externally-Administered Bodies) Instrument 2015/251.
An officer of a company, registered scheme or disclosing entity must: (a) allow the auditor access to the books of the company, scheme or entity; and (b) give the auditor any information, explanation or assistance required under subsection 310(1) .
Note: Books include registers and documents generally (not only the accounting " books " ): see the definition of books in section 9 .
312(2)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
312(3)
An officer of a registrable superannuation entity must: (a) allow the auditor access to the books of the entity; and (b) give the auditor any information, explanation or assistance required under subsection 310(2) .
Note: Books include registers and documents generally (not only the accounting " books " ): see the definition of books in section 9 .
312(4)
An offence based on subsection (3) is an offence of strict liability.
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