Section 319 — Corporations Act 2001: Lodgment of annual reports with ASIC

(1) A company, registered scheme, registrable superannuation entity or disclosing entity that has to prepare or obtain a report for a financial year under Division 1 must lodge the report with ASIC. In the case of a company, registered scheme or disclosing entity, this obligation extends to a concise report provided to members under section 314. (1AA) A notified foreign passport fund must lodge each of the following with ASIC for each financial year for the fund: (a) a copy of a report for the fund for the year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund; (b) a copy of each auditor’s report that relates to the report mentioned in paragraph (a). (1A) An offence based on subsection (1) or (1AA) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (2) Subsection (1) does not apply to: (a) a small proprietary company that prepares a report in response to: (i) a shareholder direction under section 293; or (ii) an ASIC direction under section 294; if paragraph 292(2)(c) (about having CSF shareholders) does not also apply to the company for the financial year; and (b) a small company limited by guarantee that prepares a report in response to a member direction under section 294A or an ASIC direction under section 294B. (3) The time for lodgment is: (a) within 3 months after the end of the financial year for a disclosing entity, registered scheme, registrable superannuation entity or notified foreign passport fund; and (b) within 4 months after the end of the financial year for anyone else. Registrable superannuation entities (4) The regulations may require that the lodgment of a report by a registrable superannuation entity under subsection (1) must be in a prescribed manner. (5) A manner prescribed for the purposes of subsection (4) may involve electronic communication. (6) Subsection (5) does not limit subsection (4). (7) Section 352 does not apply to the lodgment of a report if regulations are in force under subsection (4) of this section in relation to the lodgment of the report.