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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 336.5

Registrar may require additional reports, or otherwise increase reporting requirements, for class of corporation

Additional reports or additional reporting requirement

  (1)   The Registrar may:

  (a)   make a determination in writing requiring a particular class of Aboriginal and Torres Strait Islander corporation to prepare a report in addition to any general report or section   333 - 5 report the corporations are required to prepare; or

  (b)   make a determination in writing requiring a particular class of Aboriginal and Torres Strait Islander corporation to:

  (i)   include particular additional information in a general report or section   333 - 5 report; or

  (ii)   meet particular additional requirements in relation to the manner in which a general report or section   333 - 5 report is prepared; or

  (iii)   provide a general report or section   333 - 5 report to their members (whether generally or on request); or

  (iv)   provide a general report or section   333 - 5 report to their members within the time, and in the manner, specified in the determination.

Note:   See Part   7 - 5 for the criteria the Registrar must apply in deciding whether to make a determination under this subsection.

  (2)   A determination under subsection   (1) is a legislative instrument.

Additional reports

  (3)   A determination under paragraph   (1)(a) must specify:

  (a)   the information to be included in the report; and

  (b)   any other requirements to be met in relation to the manner in which the report is prepared.

  (4)   A determination under paragraph   (1)(a) may require the report to be prepared:

  (a)   for a particular period or periods; or

  (b)   in relation to circumstances as they exist as at a particular date or dates.

This subsection does not limit subsection   (3).

  (5)   The determination may require the report to be prepared for all periods of a particular kind that start or end on or after a date specified in the determination. This subsection does not limit subsection   (4).

  (6)   A determination under paragraph   (1)(a) may:

  (a)   specify that the report is to be provided to the corporations' members (whether generally or on request); and

  (b)   specify the time within which, and manner in which, the report is to be provided to the members.

Additional requirements for financial report

  (7)   If the section   333 - 5 report is a financial report, the Registrar may determine under paragraph   (1)(b) that one or more of the following requirements are to be met in relation to the report:

  (a)   a requirement that the financial report, or a part of it, be audited;

  (b)   a requirement that the auditor be:

  (i)   an individual auditor who has particular qualifications or experience; or

  (ii)   an audit firm that has a member or members who have particular qualifications or experience; or

  (iii)   an authorised audit company;

  (c)   a requirement that a person may only participate in the conduct of the audit in a particular capacity if the person has the qualifications or experience specified in the regulations;

  (d)   a requirement that the audit of the report, or a part of it, be conducted in accordance with the auditing standards.

This subsection does not limit paragraph   (1)(b).

Determinations

  (8)   A determination under subsection   (1):

  (a)   may be expressed to be subject to conditions; and

  (b)   may be in respect of a past or future period but if it is in respect of a past period, the determination must be made no later than 6 years after the end of that period.

  (9)   The Registrar may, in writing, revoke, vary or suspend a determination under subsection   (1).

Notice of determinations

  (10)   Notice of the making, revocation, variation or suspension of a determination under subsection   (1) must be published in the Gazette .


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