Corporations Act 2001
View history note
Hide history noteNote: This Division applies to reports relating to sub-funds of retail CCIVs in a modified form: see section 1232H .
A company or disclosing entity that was a borrower in relation to debentures at the end of a financial year must give a copy of the annual financial report, sustainability report (if one is required to be prepared), directors ' report and auditor ' s report to the trustee for debenture holders by the deadline for the financial year set by section 315 .
Note: This section applies to sub-funds of retail CCIVs in a modified form: see section 1232L .
318(2)
A debenture holder may ask the company or disclosing entity that issued the debenture for copies of: (a) the last reports provided to members under section 314 ; or (b) the full financial report, sustainability report (if one was required to be prepared) and the directors ' report and auditor ' s reports for the last financial year.
318(3)
The company or entity must give the debenture holder the copies as soon as practicable after the request and free of charge.
318(4)
A disclosing entity that was a borrower in relation to debentures at the end of a half-year must give a copy of the half-year financial report, directors ' report and auditor ' s report to the trustee for debenture holders within 75 days after the end of the half-year.
318(5)
An offence based on subsection (1) , (3) or (4) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
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