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CORPORATIONS ACT 2001 - SECT 1233D

Requirement to enter assets on the allocation register

  (1)   The assets of a sub - fund of a CCIV must be clearly identified in the allocation register as assets of the sub - fund.

  (2)   If section   1233K (about property that has to be converted into money etc.) applies to an item of property of a CCIV:

  (a)   the item of property must be clearly identified in the allocation register as an item of property to which that section applies; and

  (b)   the proportion of the property applicable to each sub - fund under subsection   1233H(3) must be clearly identified in the allocation register as the proportion applicable to the sub - fund.

  (3)   The corporate director must make entries in the allocation register as required in order to ensure the allocation register makes the identifications required by subsections   (1) and (2).

  (4)   An entry required by subsection   (3) must be made within:

  (a)   for a case where money or property is acquired by the CCIV:

  (i)   5 business days after the money or property is acquired, unless subparagraph   (ii) applies; or

  (ii)   if an allocation determination is required to be made in relation to the money or property under section   1233J--5 business days after the determination is made; or

  (b)   for a case where money or property is disposed of, or otherwise ceases to be money or property of the CCIV--5 business days after the disposal or cessation.

Fault - based offence

  (5)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (3); and

  (b)   the person fails to comply with the requirement.

Strict liability offence

  (6)   A person commits an offence of strict liability if the person contravenes subsection   (3).



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