Treasury Laws Amendment (2021 Measures No. 2) Act 2021 (110 of 2021)

Schedule 3   Disclosure of information

Corporations Act 2001

1   At the end of Part 2M.3

Add:

Division 9 - Disclosure by listed entities of information about jobkeeper payments

323DB Requirement to notify market operator about jobkeeper payments

(1) A listed entity must give each relevant market operator a notice, for release to the market, in accordance with this section for a financial year if the listed entity, or a subsidiary of the listed entity, received a jobkeeper payment (within the meaning of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020) in the financial year.

(2) The notice must set out the following information for the financial year:

(a) the listed entity's name and ABN;

(b) the number of individuals for whom the listed entity or a subsidiary of the listed entity received a jobkeeper payment for a jobkeeper fortnight (within the meaning of the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020) that ended in the financial year;

(c) the sum of all jobkeeper payments the listed entity and each subsidiary of the listed entity received in a jobkeeper fortnight that ended in the financial year;

(d) whether or not the listed entity or a subsidiary of the listed entity has made one or more voluntary payments (whether or not in the financial year) to the Commonwealth by way of a repayment of jobkeeper payments received by the listed entity or a subsidiary of the listed entity in the financial year;

(e) if the listed entity or a subsidiary of the listed entity has made such a voluntary payment or payments - the sum of those payments.

(3) The notice must be given:

(a) if the listed entity has lodged a report for the financial year under Division 1 with ASIC on or before the day on which Schedule 3 of the Treasury Laws Amendment (2021 Measures No. 2) Act 2021 commenced - within 60 days after that day; or

(b) otherwise - within 60 days after the listed entity lodges a report for the financial year under Division 1 with ASIC.

(4) If the listed entity becomes aware that a notice given in accordance with this section for a financial year has become out of date or is otherwise not correct, the listed entity must give each relevant market operator, for release to the market, an updated notice within 60 days of becoming so aware.

(5) An offence based on subsection (1) or (4) is an offence of strict liability.

323DC ASIC must publish report

(1) ASIC must publish on its website a consolidated report of all notices given to relevant market regulators under section 323DB and released to the market.

(2) ASIC must publish the consolidated report as soon as practicable after a notice or notices under that section are released to the market.

(3) ASIC must ensure the consolidated report is regularly updated.