Section 322 — Corporations Act 2001: Relodgment if financial reports, sustainability reports or directors’ reports amended after lodgment

Financial reports, sustainability reports and directors’ reports lodged by companies, registered schemes or disclosing entities (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. 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, sustainability reports and directors’ reports lodged by registrable superannuation entities (2A) If: (a) a financial report, sustainability 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.