Document ID: chunk:federal_register_of_legislation:C2025C00185:section:295:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 295 (pt 2/2)
Character Range: 1056001–1058303

income tax (within the meaning of the Income Tax Assessment Act 1997); or
 (b) if paragraph (a) does not apply—a statement to that effect.
 (3B) For the purposes of this section, an entity is an Australian resident at the end of a financial year if the entity is:
 (a) an Australian resident (within the meaning of the Income Tax Assessment Act 1997) at that time; or
 (b) a partnership at least one member of which is an Australian resident (within the meaning of the Income Tax Assessment Act 1997) at that time; or
 (c) a resident trust estate (within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936) in relation to the year of income (within the meaning of that Act) that corresponds to the financial year.

Directors' declaration
 (4) The directors' declaration is a declaration by the directors:
 (c) whether, in the directors' opinion, there are reasonable grounds to believe that the company, registered scheme, registrable superannuation entity or disclosing entity will be able to pay its debts as and when they become due and payable; and
 (ca) if the company, registered scheme, registrable superannuation entity or disclosing entity has included in the notes to the financial statements, in compliance with the accounting standards, an explicit and unreserved statement of compliance with international financial reporting standards—that this statement has been included in the notes to the financial statements; and
 (d) whether, in the directors' opinion, the financial statement and notes are in accordance with this Act, including:
 (i) section 296 (compliance with accounting standards); and
 (ii) section 297 (true and fair view); and
 (da) whether, in the directors' opinion, the consolidated entity disclosure statement required by subsection (3A) is true and correct; and
 (e) if the company, disclosing entity or registered scheme is listed—that the directors have been given the declarations required by section 295A.
Note: See paragraph 285(3)(c) for the reference to the debts of a registered scheme.
 (5) The declaration must:
 (a) be made in accordance with a resolution of the directors; and
 (b) specify the date on which the declaration is made; and
 (c) be signed by a director.
Note: Section 1228 deals with directors' resolutions for CCIVs.