Federal Register of Legislation - Australian Government

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Other as made
This instrument addresses discrete minor and technical issues arising in relation to the content requirements for an offer information statement under subsection 715(2) of the Corporations Act 2001, to enable the period for the financial report included in an offer information statement to be longer or shorter than 12 months by up to seven days.
Administered by: Treasury
Registered 16 Mar 2016
Tabling HistoryDate
Tabled HR17-Mar-2016
Tabled Senate18-Apr-2016
Table of contents.

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ASIC Corporations (Offer Information Statements) Instrument 2016/76

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.


Date                9 March 2016



Grant Moodie


Part 1—Preliminary

1        Name of legislative instrument

This instrument is ASIC Corporations (Offer Information Statements) Instrument 2016/76.

2        Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:    The register may be accessed at www.legislation.gov.au.

3        Authority

This instrument is made under section 741 of the Corporations Act 2001.

4        Definitions

In this instrument:

Act means the Corporations Act 2001.

Part 2—Declaration

5        Financial reports in offer information statements

Chapter 6D of the Act applies to all persons as if subsection 715(2) were omitted and substituted with the following subsection:

“(2)   The financial report included under paragraph (1)(i) must:

(a)     be a report for a 12 month period, or a period shorter or longer than 12 months but not by more than 7 days, and have a balance date that occurs within the last 6 months before the securities are first offered under the statement; and

(b)     be prepared in accordance with the accounting standards; and

(c)     be audited by a registered company auditor.

Note 1:     The financial report can be the annual financial report lodged under Chapter 2M, provided the financial year to which the report relates ends within the last 6 months before the securities are first offered under the statement.

Note 2:     If the body is subject to Chapter 2M, the financial report need not be an annual financial report lodged under that Chapter, provided the financial report otherwise complies with subsection (2).”.