Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p15
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 35233–38127

of the auditor appointment deadline:
           (a) the company is party to a deed of cross guarantee; and
           (b) after making reasonable and diligent enquiries, the director has no reason to believe that the company will not be able to rely on the relief available under subsection 5(1) in respect of the financial year during which the auditor appointment deadline occurs.
(3) In subsection (2), the auditor appointment deadline means:
           (a) in relation to a requirement under section 327A—the deadline for appointing an auditor under subsection 327A(1); and
           (b) in relation to a requirement under section 327C—the deadline for appointing an auditor under subsection 327C(1).

11 Relief allowing holding entity to include consolidated financial statements in a financial report
    A holding entity of a company referred to in subsection 5(1) does not have to comply with subsection 292(1) of the Act in relation to the relevant financial year to the extent that any non-compliance would result merely from the holding entity preparing a financial report that includes either or both of the following:
(a) if the group  comprising the holding entity and its controlled entities was not a reporting entity—consolidated financial statements that have been prepared for the purposes of paragraph 6(1)(s);
(b) notes to consolidated financial statements that have been prepared for the purposes of section 6 including the information specified in paragraph 6(1)(v).
       Note:  A financial report required to be prepared under section 292 must include the matters specified in section 295.
    11A Lodging documents
Where this instrument refers to the lodging a document with ASIC, that document may be lodged in an electronic format if so specified for the purposes of this instrument in the ASIC Electronic Lodgement Protocol (the ELP). The electronic document must meet any requirements of the ELP and original documents must be retained if so specified in the ELP.

Part 3—Savings and transitional

12 Application of Part 2
Part 2 applies in relation to a financial year ending on or after 1 January 2017.

13 Application of ASIC Class Order [CO 98/1418]
ASIC Class Order [CO 98/1418] continues to apply, despite its repeal, in relation to a financial year ending before 1 January 2017, provided that:
           (a)  the condition in paragraph (ka) of the first order of ASIC Class Order [CO 98/1418] applies as if "or ASIC Corporations (Wholly-owned Companies) Instrument 2016/785" were inserted after "under this order" in that paragraph; and
              Note:  The conditions in paragraphs (ka) and (u) of the first order of ASIC Class Order [CO 98/1418] impose ongoing obligations on a company that relies on relief under the first order in relation to a financial year ending before 1 January 2017. These continue to apply after the company has obtained