Corporations Amendment Regulations 2004 (No. 9) (Cth)
Corporations Amendment Regulations 2004 (No. 9)1
Statutory Rules 2004 No. 3992
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Corporations Act 2001.
Dated 16 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
Parliamentary Secretary to the Treasurer
Contents
1Name of Regulations 2
2Commencement 2
3Amendment of Corporations Regulations 2001 2
Schedule 1Amendments commencing on gazettal 3
Schedule 2Amendments commencing on 1 January 2005 9
Name of Regulations
These Regulations are the Corporations Amendment Regulations 2004 (No. 9).
Commencement
These Regulations commence as follows:
(a)on the date of their notification in the Gazette — regulations 1 to 3 and Schedule 1;
(b)on
1 January 2005 — Schedule 2.
Amendment of Corporations Regulations 2001
Schedules 1 and 2 amend the Corporations Regulations 2001.
Schedule 1 Amendments commencing on gazettal
(regulation 3)
[1] Regulation 1.0.03, heading
substitute
1.0.03Prescribed forms (Act s 350)
[2] Subregulation 1.0.03 (1), at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
[3] After regulation 1.0.03
insert
1.0.03ADocuments that must be in the prescribed form
A document mentioned in the table under a provision of the Act mentioned in the table must be in the prescribed form.
| Item | Document | Provision of the Act |
| 1 | Notice of appointment to administer a compromise or arrangement | Subsection 415 (1) |
| 2 | Notice that an order for the appointment of a receiver of property has been obtained or of the appointment of a receiver | Paragraph 427 (1) (a) |
| 3 | Notice of the appointment of a person to enter into possession or take control of the property of a corporation | Paragraph 427 (1A) (a) |
| 4 | Notice of entering into possession or taking control | Paragraph 427 (1B) (a) |
| 5 | Notice that the person has ceased to be a controller | Paragraph 427 (4) (a) |
| 6 | Written notice stating that a company is taken to have passed a resolution to wind up the company | Paragraph 446A (5) (a) |
| 7 | Notice of the appointment of an administrator | Paragraph 450A (1) (a) |
| 8 | Notice of failure to execute deed of company arrangement | Paragraph 450C (a) |
| 9 | Notice of termination of deed of company arrangement | Paragraph 450D (a) |
| 10 | Notice of filing of application to wind up a company | Paragraph 470 (1) (a) |
| 11 | Notice of making of order to wind up a company | Paragraph 470 (1) (b) |
| 12 | Notice of withdrawal or dismissal of application to wind up a company | Paragraph 470 (1) (c) |
| 13 | Return of the holding of a meeting with account attached | Subsection 509 (3) or (4) |
| 14 | Statement in writing verifying an account or statement | Paragraph 539 (1) (a) or (b) |
| 15 | Written notice disclaiming property | Subsection 568A (1) |
| 16 | Statement by a liquidator | Subsection 1288 (3) or (5) |
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , forms for the documents mentioned in the table are not prescribed in these Regulations.
1.0.03BDocuments that must be lodged with ASIC
A document mentioned in an item in the table for a provision mentioned in the item must be lodged:
(a)with ASIC; and
(b)if the document is mentioned for subsection 430 (1) of the Act — by a controller, within 7 days of the controller receiving a report under that subsection.
| Item | Document | Provision of the Act |
| 1 | Statement in writing in the prescribed form verifying a report about the affairs of a company | Subsection 430 (1) or 475 (1) or (2) |
| 2 | Report about the affairs of a company | Subsection 430 (1) |
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , forms for the documents mentioned in item 1 of the table are not prescribed in these Regulations.
1.0.03CDocuments that must be in a form approved by ASIC
A document mentioned in the table under a provision of the Act mentioned in the table must be in a form approved by ASIC (if a form has been approved).
| Item | Document | Provision of the Act |
| 1 | Statement about the company’s business, property, affairs and financial circumstances | Subsection 438B (2) |
| 2 | Report about a company’s business, property, affairs and financial circumstances | Paragraph 439A (4) (a) |
| 3 | Notice of termination of deed of company arrangement | Paragraph 450D (b) |
Note The documents mentioned in the table are not required to be lodged with ASIC under the Act, and are not documents to which section 350 of the Act applies.
[4] Regulation 5.3A.03
after
of the appointment
insert
in the prescribed form
[5] Regulation 5.3A.03, at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , a form for the document mentioned in this regulation is not prescribed in these Regulations.
[6] Regulation 5.3A.04
after
lodge notice
insert
in the prescribed form
[7] Regulation 5.3A.04, at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , a form for the document mentioned in this regulation is not prescribed in these Regulations.
[8] Paragraph 5.3A.07 (5) (a)
after
a written notice
insert
in the prescribed form
[9] Subregulation 5.3A.07 (5), at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , a form for the document mentioned in paragraph (5) (a) is not prescribed in these Regulations.
[10] Subregulation 5.6.59 (2)
omit
in accordance with Form 540
insert
in the prescribed form
[11] Subregulation 5.6.59 (2), at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , a form for the document mentioned in subregulation (2) is not prescribed in these Regulations.
[12] Subregulation 5.6.62 (5)
omit
in accordance with Form 545
insert
in the prescribed form
[13] Subregulation 5.6.62 (5), at the foot
insert
Note Under section 350 of the Act, a document that the Act requires to be lodged with ASIC in a prescribed form must:
(a)if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b)if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
On
23 December 2004 , a form for the document mentioned in subregulation (5) is not prescribed in these Regulations.
[14] Schedule 1, items 45 to 51, 51D, 51F, 51G, 60, 63 to 66, 82, 87, 151 and 154
omit
[15] Schedule 2, forms 504 to 509, 509D, 509F, 509G, 519, 522 to 525, 540, 545, 905A and 908
omit
Schedule 2 Amendments commencing on
(regulation 3)
[1] Chapter 2M, Part 2M.3, after Division 1
insert
Division 9 Reference of financial report to the Financial Reporting Panel
2M.3.30Notice to lodging entity of proposed referral of financial report to Financial Reporting Panel by ASIC (Act s 323ED)
For paragraph 323ED (2) (d) of the Act, Form 2M01 is prescribed.
2M.3.31Referral of financial report to Financial Reporting Panel by ASIC (Act s 323EF)
For subsection 323EF (2) of the Act, Form 2M02 is prescribed.
2M.3.32Referral of financial report to Financial Reporting Panel by lodging entity (Act s 323EI)
For subsection 323EI (2) of the Act, Form 2M03 is prescribed.
[2] Paragraph 10.5.01 (1) (c)
omit
15 December 2004 .
insert
15 December 2004 ; and
[3] After paragraph 10.5.01 (1) (c)
insert
(d)a standard mentioned in Part 3 of the table has effect as if it specified that it applies to a financial reporting period beginning on or after
15 June 2005 .
[4] Subregulation 10.5.01 (1), table, item 104
substitute
| 104 | 206 | Quality Control for Audit Work Note This standard was issued in July 2002. |
[5] Subregulation 10.5.01 (1), table, item 106
substitute
| 106 | 210 | The Auditor’s Responsibility to Consider Fraud and Error in an Audit of a Financial Report Note This standard was issued in January 2002. |
[6] Subregulation 10.5.01 (1), table, after item 201
insert
| 201A | 210 | The Auditor’s Responsibility to Consider Fraud and Error in an Audit of a Financial Report Note This standard was issued in June 2004. |
[7] Subregulation 10.5.01 (1), table, after Part 2
insert
| Part 3 | ||
| 301 | 206 | Quality Control for Audits of Historical Financial Information Note This standard was issued in June 2004. |
[8] Schedule 1, after item 4
insert
| Chapter 2M Financial reports and audit | |||
| 5 | Regulation 2M.3.30 | Notice to lodging entity of proposed referral of financial report to Financial Reporting Panel by ASIC | 2M01 |
| 6 | Regulation 2M.3.31 | Referral of financial report to Financial Reporting Panel by ASIC | 2M02 |
| 7 | Regulation 2M.3.32 | Referral of financial report to Financial Reporting Panel by lodging entity | 2M03 |
[9] Schedule 2, after form 2501
insert
Form 2M01 Notice to lodging entity of proposed referral of financial report to Financial Reporting Panel by ASIC
(regulation 2M.3.30)
Corporations Regulations 2001
Australian Securities and Investments Commission
NOTICE TO LODGING ENTITY OF PROPOSED REFERRAL OF A FINANCIAL REPORT TO THE FINANCIAL REPORTING PANEL BY ASIC
Note Under section 323EC of the Corporations Act 2001 (the Act), ASIC may refer a financial report to the Financial Reporting Panel (the Panel) if ASIC is of the opinion that the financial report does not comply with one or more of the financial reporting requirements. Under subsections 323ED (1) and (2) of the Act, if ASIC proposes to refer a financial report to the Panel, ASIC must give the lodging entity written notice of the proposed referral. The notice must include the information and statement mentioned in paragraphs 323ED (2) (a), (b) and (c) of the Act and must be in the prescribed form.
To (name of lodging entity), ASIC is of the opinion that the financial report does not comply with one or more of the financial reporting requirements and proposes to refer the report to the Financial Reporting Panel.
| Address of ASIC | Name and contact details of relevant officer at ASIC |
| Information and statement required by paragraphs 323ED (2) (a), (b) and (c) of the Corporations Act 2001 | |
Form 2M02 Referral of financial report to Financial Reporting Panel by ASIC
(regulation 2M.3.31)
Corporations Regulations 2001
Australian Securities and Investments Commission
REFERRAL OF A FINANCIAL REPORT TO THE FINANCIAL REPORTING PANEL BY ASIC
Note Under subsection 323EF (1) of the Corporations Act 2001 (the Act), a referral by ASIC of a financial report to the Financial Reporting Panel must include the information, and be accompanied by the documents, mentioned in that subsection. Under subsection 323EF (2) of the Act, a referral must be in the prescribed form.
ASIC is referring a financial report of (name of lodging entity) to the Financial Reporting Panel under Subdivision B of Division 9 of Part 2M.3 of the Corporations Act 2001 (the Act).
| The registered address of: (a) if the lodging entity is a registered scheme — the responsible entity; or (b) if the lodging entity is not a registered scheme — the lodging entity. | |
| Address of ASIC | Name and contact details of relevant officer at ASIC |
| Information required by paragraphs 323EF (1) (a) and (b) of the Act | |
Form 2M03 Referral of financial report to Financial Reporting Panel by lodging entity
(regulation 2M.3.32)
Corporations Regulations 2001
REFERRAL OF A FINANCIAL REPORT TO THE FINANCIAL REPORTING PANEL BY THE LODGING ENTITY
Note Under subsection 323EI (1) of the Corporations Act 2001 (the Act), a referral by a lodging entity of a financial report to the Financial Reporting Panel must include the information, and be accompanied by the document, mentioned in that subsection. Under subsection 323EI (2) of the Act, a referral must be in the prescribed form.
(Name of lodging entity) is referring a financial report to the Financial Reporting Panel under Subdivision C of Division 9 of Part 2M.3 of the Corporations Act 2001 (the Act).
ASIC consents to the referral of the financial report to the Financial Reporting Panel.
| The registered address and the names of the directors of: (a) if the lodging entity is a registered scheme — the responsible entity; or (b) if the lodging entity is not a registered scheme — the lodging entity. |
| The ACN, ARBN or ARSN of the lodging entity |
| Name and contact details of contact person for the lodging entity |
| Information required by paragraphs 323EI (1) (a) and (b) of the Act |
Notes
These Regulations amend Statutory Rules 2001 No. 193, as amended by 2001 Nos. 208, 318 and 319 (rr 7.9.10 and 7.9.11 were disallowed by the Senate on 16 September 2002); 2002 Nos. 15, 16 (rr 7.9.10, 7.9.11 (1), 7.9.11 (1) (a), 7.9.11 (1) (b) and 7.9.11 (2) were disallowed by the Senate on 16 September 2002), 41, 53, 126, 145, 182, 265 and 282; 2003 Nos. 31, 48, 85, 126, 127, 194, 202, 282 (Sch 3, items [1] to [4], [6], [8] and [9] were disallowed by the Senate on 24 March 2004), 367, 368 and 369; 2004 Nos. 10, 25, 26, 36, 145, 149, 208 and 398.
Notified in the Commonwealth of
Australia
0
0
0