Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 301

Audit of annual financial report

  (1)   A company, registered scheme, registrable superannuation entity or disclosing entity must have the financial report for a financial year audited in accordance with Division   3 and obtain an auditor's report.

Small proprietary companies

  (2)   A small proprietary company's financial report for a financial year does not have to be audited if:

  (a)   the report is required only because of:

  (i)   paragraph   292(2)(c) (about having CSF shareholders); or

  (ii)   a direction under section   293; or

  (iii)   both paragraph   292(2)(c) and a direction under section   293; and

  (b)   in a case where subparagraph   (a)(i) or (iii) applies--as at the end of the financial year, the company has raised a total less than the CSF audit threshold from all the CSF offers it has ever made; and

  (c)   in a case where subparagraph   (a)(ii) or (iii) applies--the direction did not ask for the financial report to be audited.

Companies limited by guarantee

  (3)   A company limited by guarantee may have its financial report for a financial year reviewed, rather than audited, if:

  (a)   the company is not one of the following:

  (i)   a Commonwealth company for the purposes of the Public Governance, Performance and Accountability Act 2013 ;

  (ii)   a subsidiary of a Commonwealth company for the purposes of that Act;

  (iii)   a subsidiary of a corporate Commonwealth entity for the purposes of that Act; and

  (b)   one of the following is true:

  (i)   the company is not required by the accounting standards to be included in consolidated financial statements and the revenue of the company for the financial year is less than $1 million;

  (ii)   the company is required by the accounting standards to be included in consolidated financial statements and the consolidated revenue of the consolidated entity for the financial year is less than $1 million.

  (4)   A small company limited by guarantee's financial report for a financial year does not have to be audited or reviewed if:

  (a)   the report is prepared in response to a member direction under section   294A; and

  (b)   the direction does not ask for the audit or review.

  (5)   A company need not comply with subsection   (1) if:

  (a)   it is covered under section   738ZI at the end of the financial year mentioned in subsection   (1); and

  (b)   as at the end of that financial year, the company has raised less than $3 million from all CSF offers that it has made at any time.

Registrable superannuation entities

  (6)   The following reports relating to:

  (a)   a registrable superannuation entity; and

  (b)   a financial year;

may be set out in the same document:

  (c)   an auditor's report obtained by the entity under subsection   (1);

  (d)   an auditor's report provided in relation to the entity under a provision of the RSE licensee law.


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