Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 1232F

  (1)   Section   302 does not apply to a CCIV that is a disclosing entity except as set out in this section.

  (2)   If any securities referable to a sub - fund of a retail CCIV are ED securities, section   302 applies to the CCIV as if the requirement in paragraph   302(a) required the CCIV to prepare a financial report and directors' report for each half - year for the sub - fund.

Note:   For ED securities in a CCIV, see subsection   111AF(3), and section   111AI as affected by section   1231P.

  (3)   For the purposes of subsection   (2), ED securities that are units of shares in a CCIV are referable to the sub - fund of the CCIV to which the shares are referable.

  (4)   The remaining provisions of Division   2 of Part   2M.3 apply in relation to the following documents relating to the sub - fund:

  (a)   a financial report and directors' report prepared under paragraph   302(a) as applied by subsection   (2) of this section;

  (b)   the documents of which the financial report consists under subsection   303(1);

as if the sub - fund were the CCIV.

Note:   The combined effect of subsection   1232(1) and this subsection is that references in the remaining provisions of Division   2 of Part   2M.3 to the disclosing entity are, where appropriate, to be read as referring to the sub - fund.

  (5)   Despite subsection   (4) of this section, paragraph   303(4)(c) applies to a directors' declaration relating to the sub - fund as if the debts mentioned in that paragraph were only the debts referable to the sub - fund.

  (6)   Section   306 applies to the sub - fund of the CCIV as if the requirement in subsection   306(1) were instead a requirement for the directors' report for the sub - fund for each half - year to include:

  (a)   a review of the sub - fund's operations during the half - year and the results of those operations; and

  (b)   details of:

  (i)   the name of each corporate director of the CCIV at any time during or since the end of the half - year, and the period for which each was the corporate director; and

  (ii)   the name of each director of the corporate director of the CCIV at any time during or since the end of the half - year, and the period for which each was a director of the corporate director.