Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p11
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 25294–28162

7 July 2022 (both inclusive), 5 months after the end of the relevant financial year) a document signed by one director or the company secretary (in accordance with a resolution of the directors) containing:
(A) the information required by subparagraphs (v)(i) to (iv); and
(B) a statement that all entities in the closed group are exempt entities; and
(C) the statement required by paragraph (w); or
(t) if the holding entity is a registered foreign company:
(i) where the holding entity is controlled by a disclosing entity formed or incorporated in Australia, a company or a registered scheme—the holding entity prepared the consolidated financial statements:
(A) in accordance with the requirements of Chapter 2M (including subsection 295(4)) of the Act as if the holding entity were a public company; and
(B) the requirements of subparagraph (s)(i) may be applied as if the holding entity were not a registered foreign company; and
(ii)   where subparagraph (i) does not apply and a law in the place of origin of the holding entity applies to the preparation of the consolidated financial statements:
(A) the holding entity reasonably believes that it prepared the consolidated financial statements in accordance with the requirements of that law; and
(B) the consolidated financial statements covered the holding entity and at least those controlled entities which are part of the extended closed group (and included a note making it clear which entities were covered by the consolidated financial statements); and
(iii)   where neither subparagraph (i) nor (ii) applies—the holding entity prepared the consolidated financial statements in accordance with the requirements of Chapter 2M of the Act as to the form and content of consolidated financial statements, as if the holding entity were a public company and covering at least those entities in the extended closed group; and
(iv) the holding entity has lodged with ASIC by the relevant time:
(A) the consolidated financial statements; and
(B) unless subparagraph (i) applies—a document signed by a director in accordance with a resolution of directors containing the statement required by paragraph (w);
              Note: Where subparagraph (i) applies, such a statement will need to be included in the directors' declaration prepared because of subparagraph (i): see subparagraph (w)(i).
              Note:  The documents required by subparagraph (iv) must be lodged no later than 4 months after the end of the relevant financial year in order for the relief in section 5 to apply.
(u)  the consolidated financial statements include adequate provision in relation to the liabilities of any parties to the deed of cross guarantee (other than a trustee or alternative trustee that is not a Group Entity within the meaning of the deed) which are not consolidated where it is probable that those liabilities