CORPORATIONS ACT 2001 - SECT 322 Relodgment if financial statements or directors' reports amended after lodgment

CORPORATIONS ACT 2001 - SECT 322

Financial reports and directors' reports lodged by companies, registered schemes or disclosing entities

  (1)   If a financial 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.

Reports on financial matters lodged by notified foreign passport funds

  (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

  (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 and directors' reports lodged by registrable superannuation entities

  (2A)   If:

  (a)   a financial report 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

  (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.