Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An Aboriginal and Torres Strait Islander corporation that is required to prepare:
(a) a financial report for a financial year; or
(b) a directors' report for a financial year;
must give a copy of the report to each member who requests it under subsections (3A) and (3B).
(2) An Aboriginal and Torres Strait Islander corporation that is required to have a financial report, or a part of a financial report, for a financial year audited must give a copy of the auditor's report to each member who requests it under subsections (3A) and (3B).
(3) An offence against subsection (1) or (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
Request for financial report, directors' report or auditor's report
(3A) A member of the Aboriginal and Torres Strait Islander corporation may request the corporation to give the member a copy of:
(a) a financial report for a financial year; or
(b) a directors' report for a financial year; or
(c) if the corporation is required to have a financial report, or a part of a financial report, for a financial year audited--the auditor's report in relation to the financial report or that part of a financial report.
(3B) The request must be made:
(a) during the financial year; or
(b) within 12 months after the end of the financial year.
(3C) If:
(a) a member of the Aboriginal and Torres Strait Islander corporation requests the corporation to give the member a copy of a financial report; and
(b) the corporation is required to have the financial report, or a part of the financial report, audited;
the member is taken, for the purposes of this section, to request the corporation also to give the member a copy of the auditor's report in relation to that financial report or that part of that financial report.
(3D) If a member of the Aboriginal and Torres Strait Islander corporation requests the corporation to give the member a copy of an auditor's report in relation to a financial report, or a part of a financial report, the member is taken, for the purposes of this section to request the corporation also to give the member a copy of the financial report.
Sending reports
(4) An Aboriginal and Torres Strait Islander corporation may send a report referred to in subsection (1) or (2) to a member using an electronic means if the member has nominated that means as one by which the member may be sent reports referred to in that subsection.
(5) If a member of an Aboriginal and Torres Strait Islander corporation nominates:
(a) an electronic means (the nominated notification means ) by which the member may be notified that reports referred to in subsection (1) or (2) are available; and
(b) an electronic means (the nominated access means ) the member may use to access those reports;
the corporation may send a report referred to in that subsection to the member by notifying the member (using the nominated notification means):
(c) that the report is available; and
(d) how the member may make use of the nominated access means to access the report.
(6) Subsections (4) and (5) do not limit subsection (1) or (2).