Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p4
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 7852–10656

that is lodged with ASIC together with a certificate relating to that deed; or
           (d)  a revocation deed; or
           (e) in the case of a deed referred to in paragraph (a)—a deed of variation that is lodged with ASIC and that varies the deed to reflect any amendments to ASIC Pro Forma 24 made on or before the date of this instrument.
       exempt entity means a company which is not controlled by a foreign company and which is:
           (a)  a small proprietary company; or
           (b)  a large proprietary company which:
(i) satisfied all of the requirements of subsection 319(4) of the Law (as taken to be included in the Act by subsection 1408(2) of the Act), or would have satisfied all of those requirements except that its financial statements or financial reports during 1993 or a later financial year were not audited before the deadline for reporting to members for that year in accordance with relief obtained under this instrument, ASIC Corporations (Extended Reporting and Lodgment Deadlines—Unlisted Entities) Instrument 2020/395, ASIC Class Order [CO 98/1418] or Australian Securities Commission Class Orders [CO 95/1530] or [CO 96/1579]; and
(ii) has not at any time during 1993 or a later financial year been a member of:
(A) a closed group for the purposes of this instrument; or
(B) a Closed Group for the purposes of ASIC Class Order [CO 98/1418] or Australian Securities Commission Class Order [CO 95/1530];
              where that closed group or Closed Group included a company which was not an exempt entity.
       extended closed group means the closed group and any other bodies which are parties to the deed of cross guarantee and which are controlled by the holding entity, but does not include a body which:
           (a) holds office as trustee or alternative trustee under the deed of cross guarantee; and
           (b) is not a Group Entity (within the meaning of that deed).
       first reliance year: see paragraph 6(1)(g).
       foreign entity means an entity that is not a company or other body incorporated in Australia.
       group has the same meaning as in Accounting Standard AASB 10 Consolidated Financial Statements.
       holding entity in relation to a company that is party to a deed of cross guarantee means a company, a disclosing entity which is a body incorporated in Australia, or a registered foreign company:
           (a) of which the company is a closely-held subsidiary; and
           (b)  which is a party to the deed; and
           (c) which is not controlled by another of its closely-held subsidiaries which is also a party to the deed.
       incorporated in relation to a country includes incorporated in part of the country.
       Law means in relation to a company, the former Corporations Law of the State or