Document ID: chunk:federal_register_of_legislation:F2024C01050:reg:6a:p4
Version: federal_register_of_legislation:F2024C01050
Segment Type: reg
Provision Reference: reg 6A (pt 4/11)
Character Range: 18750–21649

continues to be subject to an obligation to do the act even after the period has ended or that time has passed: section 1314 of the Act. Paragraph (b) does not affect any liability under that Part that existed at any time before the date of appointment of the liquidator.

       Condition

       (2) The retail CCIV must have adequate arrangements in place to answer, within a reasonable period of time and without charge, any reasonable questions asked by a member of the sub-fund about the winding up.

8 Companies under external administration: deferral of financial reporting obligations

        (1) A company in relation to which a relevant external administrator has been appointed does not have to comply with any of the following obligations under Part 2M.3 of the Act in relation to a financial year or half-year of the company:

           (a) report to members of the company under section 314 within the time required by section 315;

           (b) send reports to a member in accordance with a request under subsection 316(1) within the time required by subsection 316(2);

           (c) send reports to a member in accordance with a request under subsection 316A(1) within the time required by subsection 316A(3);

           (d) lodge reports with ASIC under subsection 319(1) within the time required by subsection 319(3);

           (e) lodge half-year reports with ASIC under subsection 320(1) within the time required by that subsection;

       where, but for this subsection (1), the obligation would otherwise have arisen within 24 months after the date of appointment of the relevant external administrator.

           This subsection (1) applies until the last day of the deferral period.

      (2)   The company also does not have to comply with an obligation under Part 2M.3 of the Act of a kind specified in subsection (1) in relation to any earlier financial year or half-year of the company but only to the extent that Part would have imposed, but for this subsection (2), a continuing obligation on the company from the date of appointment of the relevant external administrator.

       This subsection (2) applies until the last day of the deferral period.

        Conditions

        (3) The company:

           (a) must comply with any obligation to which subsection (1) or (2) applies by no later than the last day of the deferral period;

           (b) must have adequate arrangements in place to answer, within a reasonable period of time and without charge, any reasonable questions asked by a member of the company about the relevant external administration during the deferral period; and

           (c) must arrange for a notice of the company's intention to rely on section 8 of this instrument to be published before the financial reporting obligations under Part 2M.3 of the Act would otherwise have arisen, but for subsection