Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 346C

Respond if a particular is incorrect

  (1)   A company, a responsible entity of a registered scheme or an operator of a notified foreign passport fund must respond to an extract of particulars that it receives if any particular set out in the extract is not correct as at the date of receipt. The response must comply with subsection   (3).

Respond if required to provide a particular

  (2)   A company, a responsible entity of a registered scheme or an operator of a notified foreign passport fund must respond to an extract of particulars that it receives if the extract includes a requirement to provide a particular under section   346B. The response must comply with subsection   (3).

Contents of response

  (3)   The response to an extract of particulars by a company, the responsible entity of a registered scheme or the operator of a notified foreign passport fund:

  (a)   must be lodged within 28 days after the date of issue of the extract; and

  (b)   must be in the prescribed form; and

  (c)   must be signed or authenticated; and

  (d)   if subsection   (1) applies--must be such that the particulars set out in the extract, taken together with the response, are correct as at the date the response is signed or authenticated; and

  (e)   if subsection   (2) applies--must provide the required particular, correct as at the date the response is signed or authenticated.

Response satisfies other requirements to notify

  (4)   If a company responds to an extract of particulars:

  (a)   correcting a particular; or

  (b)   providing a particular;

in accordance with subsection   (3), any requirement elsewhere in this Act to lodge a prescribed form in relation to the particular is satisfied by the response.

  (5)   Subsection   (4) does not affect the company's liability for late lodgment fees incurred before the response to the extract of particulars is lodged or continuing offences committed before that time.

Strict liability offences

  (6)   An offence based on subsection   (1) or (2) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

Note:   This Part does not apply to CCIVs: see subsection   1232U(1).