Document ID: chunk:federal_register_of_legislation:F2021C01163:body:0:p4
Version: federal_register_of_legislation:F2021C01163
Segment Type: other
Provision Reference: 
Character Range: 7808–10494

of whether they hold voting or non-voting shares) have passed a unanimous resolution that the company's financial report for the relevant financial year should not be audited; and
           (iii)  unless the company relied on the relief available under this instrument or, if applicable, ASIC Class Order [CO 98/1417] in respect of the financial year immediately preceding the relevant financial year, a notice of the resolutions mentioned in subparagraphs (i) and (ii) signed by a director or company secretary has been lodged with ASIC using ASIC Form 382 as in force at the date of this instrument;
(f) before passing the resolution referred to in subparagraph (e)(ii), the members of the company were provided, either in the notice of meeting or in material accompanying a proposed resolution under section 249A of the Act, with a statement by the directors stating whether, in their opinion, the cost of having the financial statements audited outweighs the expected benefits of the audit and setting out their reasons for that opinion;
    Notice requiring an audit
(g) the company has not been given written notice that the relief under this instrument is not to apply to the company for the relevant financial year by:
           (i) a director, at any time before the directors' statement for the relevant financial year is signed; or
           (ii) members who control 5% or more of the votes which might be cast at a general meeting of the company (as calculated as at the close of business on the day before the members serve the notice), at any time up to:
(A) one month before the end of the relevant financial year; or
(B) a later time if ASIC has given written notice to the company approving that time; or
           (iii) any person who is owed approved subordinated debt by the company, at any time up to:
(A) one month before the end of the relevant financial year; or
(B) a later time if ASIC has given written notice to the company approving that time; or
           (iv) ASIC;
Solvency declarations
(h)  the directors' declarations made under subsections 295(4) and (5) of the Act and former subsections 295(4) and (5) of the Law in respect of each financial year which ended on or after 1 July 1998 up to, and including, the relevant financial year contained unqualified statements that in the directors' opinion there were, when the declaration was made, reasonable grounds to believe that the company would be able to pay its debts as and when they become due and payable;
(i) all directors' statements made under the former subsection 301(5) of the Law in respect of all years ending on or after 18 November 1996 contained unqualified statements that in the