Document ID: chunk:federal_register_of_legislation:F2017L00307:body:0:p3
Version: federal_register_of_legislation:F2017L00307
Segment Type: other
Provision Reference: 
Character Range: 5487–8281

director or company secretary is lodged with ASIC using Form 384 during the period commencing 3 months before the commencement of the relevant financial year and ending 4 months after the end of the relevant financial year; or
              (iii) both of the following apply:
(A) the Company relied on the relief in subsection (1) in respect of a previous financial year (the last reliance year);
(B) the company was not able to rely on that relief in respect of each financial year since the last reliance year and before the relevant financial year because of the operation of paragraph (e);
           (d)              either of the following applies:
              (i)      the relief in subsection (1) is not relied on other than because of the operation of paragraph (e) in respect of the financial year (the first non-reliance year) immediately after a financial year in which the relief was relied on and the Company lodges an annual financial report prepared under Chapter 2M of the Act for the first non-reliance year; or
              (ii) notice the Company has stopped relying on the relief in subsection (1) signed by a director or company secretary is lodged with ASIC using Form 394 during the period starting 3 months before the commencement of the first non-reliance year and ending 4 months after the end of the first non-reliance year;
           (e)              ASIC has:
              (i) not notified the Company in writing that it may not rely on this order or may not rely on this order for the relevant financial year; or
              (ii) notified the Company in writing that it may not rely on this order or may not rely on this order for the relevant financial year but has subsequently revoked or varied in writing that notice so that it does not cover the relevant financial year.

Part 3—Declaration

6 Relief from lodging financial statements
    Declaration
(1) Subsections 601CK(1) to (6) inclusive do not apply in relation to a calendar year (the relevant calendar year) commencing on or after 1 January 2017 in respect of a registered foreign company that satisfies subsection (2).
(2) A registered foreign company satisfies this subsection if all of the following apply:
           (a)              the foreign company is registered under Division 2 of Part 5B.2 of the Act;
           (b)              the foreign company is subject to restrictions, limitations and prohibitions of the kind that section 113 of the Act imposes on proprietary companies that are:
(i)  contained in the law of the place of origin of the foreign company or in the foreign company's constitution as required by that law; and
(ii) no less strict than those in that section;
           (c)              the foreign company is not required by the law in its place of origin to