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CORPORATIONS ACT 2001 - SECT 292A

Who has to prepare annual sustainability reports

  (1)   Subject to subsection   (2), an entity must prepare a sustainability report for a financial year if:

  (a)   the entity must prepare a financial report for the financial year under this Chapter; and

  (b)   subsection   (3), (5) or (6) of this section applies to the entity for the financial year.

Note:   For financial years commencing before 1   July 2027, only certain entities are required to prepare a sustainability report: see Part   10.77.

  (2)   Despite subsection   (1), if:

  (a)   the accounting standards require an entity (the parent ) to prepare financial statements in relation to a consolidated entity for the financial year; and

  (b)   the parent elects to prepare a sustainability report for the consolidated entity for the financial year;

then:

  (c)   the parent is the only entity in the consolidated entity that must prepare a sustainability report for the financial year; and

  (d)   the sustainability report must be prepared as if the consolidated entity is a single entity.

Thresholds for sustainability reports

  (3)   This subsection applies to an entity for a financial year if it satisfies at least 2 of the following paragraphs:

  (a)   the consolidated revenue for the financial year of the entity and the entities it controls (if any) is the following amount or more:

  (i)   the amount prescribed by regulations made for the purposes of paragraph   45A(2)(a);

  (ii)   if no amount is prescribed--$50 million;

  (b)   the value of the consolidated gross assets at the end of the financial year of the entity and the entities it controls (if any) is the following amount or more:

  (i)   the amount prescribed by regulations made for the purposes of paragraph   45A(2)(b);

  (ii)   if no amount is prescribed--$25 million;

  (c)   the entity and the entities it controls (if any) have the following number of employees or more at the end of the financial year:

  (i)   the number prescribed by regulations made for the purposes of paragraph   45A(2)(c);

  (ii)   if no number is prescribed--100.

  (4)   In counting employees for the purposes of subsection   (3), take part - time employees into account as an appropriate fraction of a full - time equivalent.

  (5)   This subsection applies to an entity for a financial year if it is:

  (a)   a registered corporation under the National Greenhouse and Energy Reporting Act 2007 at the end of the financial year; or

  (b)   required to make an application to be registered under subsection   12(1) of that Act in relation to the financial year.

  (6)   This subsection applies to an entity for a financial year if:

  (a)   the entity is a registered scheme, registrable superannuation entity or retail CCIV; and

  (b)   the value of assets at the end of the financial year of the entity and the entities it controls (if any) is the following amount or more:

  (i)   the amount prescribed by regulations made for the purposes of this subparagraph;

  (ii)   if no amount is prescribed--$5 billion.

Matters worked out in accordance with standards

  (7)   For the purposes of this section:

  (a)   the question whether an entity controls another entity is to be decided in accordance with accounting standards made for the purposes of paragraph   295(2)(b); and

  (b)   consolidated revenue, the value of consolidated gross assets and the value of assets are to be calculated in accordance with accounting standards in force at the relevant time;

(even if the standards do not otherwise apply to the financial year of some or all of the entities concerned).



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