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CORPORATIONS ACT 2001

CHAPTER 2N - UPDATING ASIC INFORMATION ABOUT COMPANIES AND REGISTERED SCHEMES    View history reference

PART 2N.4 - RETURN OF PARTICULARS    View history reference

SECTION 348D  GENERAL REQUIREMENTS IN RELATION TO A RETURN OF PARTICULARS  

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348D(1)  Response is required.  


A company, or responsible entity of a registered scheme, must respond to a return of particulars that it receives. The response must comply with subsection (2).

348D(2)  Contents of response.  


The response to a return of particulars by a company, or by the responsible entity of a registered scheme:


(a) must be lodged with ASIC within 2 months after the date of issue of the return; and
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(b) must be in the prescribed form; and


(c) must be signed or authenticated; and


(d) if, as at the date that the response is signed or authenticated, any particular set out in the return is not correct - must be such that the particulars set out in the return, taken together with the response, are correct as at the date the response is signed or authenticated; and


(e) if the return includes a requirement that the company or responsible entity of the scheme provide a particular under section 348B - must provide the required particular, correct as at the date the response is signed or authenticated; and


(f) if the return includes a requirement to comply with a subsection of section 348C - must include the statement required by the subsection that the company chooses to comply with.

348D(3)  Response satisfies other requirements to notify.  


If a company responds to a return of particulars:


(a) correcting a particular; or


(b) providing a particular;

in accordance with subsection (2), any requirement elsewhere in this Act to lodge a prescribed form in relation to the particular is satisfied by the response.

348D(4)  [Liability not affected]  

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Subsection (3) does not affect the company's liability for late lodgment fees incurred before the response to the return of particulars is lodged or continuing offences committed before that time.

348D(5)  Strict liability offences.  


An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.


 



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