Corporations Act 2001
View history note
Hide history note[ CCH Note: Div 5 heading will be amended by No 69 of 2020, s 3, Sch 1[611], by substituting " the Registrar " for " ASIC " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Financial reports, sustainability reports and directors ' reports lodged by companies, registered schemes or disclosing entities
322(1)
If a financial report, sustainability report or directors ' report is amended after it is lodged with ASIC, the company, registered scheme or disclosing entity must: (a) lodge the amended report with ASIC within 14 days after the amendment; and (b) give a copy of the amended report free of charge to any member who asks for it.
[ CCH Note: S 322(1) will be amended by No 69 of 2020, s 3, Sch 1[619] and [ 620], by substituting " the Registrar " for " ASIC " (wherever occurring) and inserting " The lodgement must meet any requirements of the data standards. " at the end, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Reports on financial matters lodged by notified foreign passport funds
322(1A)
If a report lodged with ASIC by a notified foreign passport fund is amended after it is lodged with ASIC, the notified foreign passport fund must: (a) lodge the amended report with ASIC within 14 days after the amendment; and (b) give a copy of the amended report free of charge to any Australian member who asks for it.
Notifying members if there is a material amendment
322(2)
If the amendment is a material one, the company, registered scheme, notified foreign passport fund or disclosing entity must also notify members as soon as practicable of: (a) the nature of the amendment; and (b) their right to obtain a copy of the amended report under subsection (1) or (1A) .
Financial reports, sustainability reports and directors ' reports lodged by registrable superannuation entities
322(2A)
If: (a) a financial report, sustainability reports or directors ' report for a financial year relates to a registrable superannuation entity; and (b) the report is amended after it is lodged with ASIC;
the entity must, within 14 days after the amendment:
(c) lodge the amended report with ASIC; and (d) make both of the following publicly available on the entity ' s website on and after the day on which the amended report is lodged with ASIC under paragraph (c) :
(i) a copy of the amended report;
(ii) a description of the nature of the amendment.
Offence
322(3)
An offence based on subsection (1) , (1A) , (2) or (2A) is an offence of strict liability.
Note 1: For strict liability , see section 6.1 of the Criminal Code .
Note 2: This section applies to sub-funds of retail CCIVs in a modified form: see section 1232M .
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