Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p60
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 149756–152510

or group accounts includes—
         (a) a reference to a requirement that an annual return of a company or holding company be accompanied by a copy of accounts of the company, or a copy of group accounts of the holding company, as the case may be; and
         (b) a reference to a requirement that particulars relating to—
             (i) the profit or loss of a company for a financial year of the company;
             (ii) the state of affairs of a company as at the end of a financial year of the company;
             (iii) the profit or loss of a holding company and its subsidiaries for respective financial years of the holding company and its subsidiaries; or
             (iv) the state of affairs of a holding company and its subsidiaries as at the end of respective financial years of the holding company and its subsidiaries,
        be contained in an annual return of the company or holding company, as the case may be.
    "(7) The Commission shall not make an order in relation to a company, or in relation to a class of companies, unless—
         (a) in relation to each requirement of this Act that is specified in the order, the Commission is of the opinion that compliance with, the requirement—
             (i) would render accounts or group accounts, or a report required by sub-section 270 (1) or (2), misleading;
             (ii) would be inappropriate to the circumstances of the company, or of the companies included in that class, as the case may be; or
             (iii) would impose unreasonable burdens on—
                 (a) the company, an officer of the company or the auditor (if any) of the company; or
                 (b) the companies, or officers or auditors of the companies, included in that class,
             as the case may be; or
         (b) the company is a company (in this paragraph referred to as a 'relevant company')—
             (i) not carried on for the purposes of profit or gain to its individual members;

             (ii) prohibited, by the terms of its memorandum or articles, from making any distribution, whether in money, property or otherwise, to its members; and
             (iii) required by or under any law of the Commonwealth, of a State or of a Territory to prepare annually a statement of its income and expenditure or a statement as to its financial position, or both,
          or that class is a class of relevant companies, as the case may be.
    "(7a) The reference in sub-section (7) to an order in relation to a company, or in relation to a class of companies, is a reference to—
         (a) an order under sub-section (1) relieving the directors of the company, relieving the company, or relieving the auditor (if any) of the company; or
         (b) an order