Corporations Act 2001

If the company, disclosing entity or registered scheme is listed, the directors’ declaration under subsection 295(4) must be made only after each person who performs:

a chief executive function; or

a chief financial officer function;

The declaration is a declaration whether, in the person’s opinion:

the financial records of the company, disclosing entity or registered scheme for the financial year have been properly maintained in accordance with section 286; and

the financial statements, and the notes referred to in paragraph 295(3)(b), for the financial year comply with the accounting standards; and

the financial statements and notes for the financial year give a true and fair view (see section 297); and

the consolidated entity disclosure statement required by subsection 295(3A) is true and correct; and

any other matters that are prescribed by the regulations for the purposes of this paragraph in relation to the financial statements and the notes for the financial year are satisfied.

The declaration must:

be made in writing; and

specify the date on which the declaration is made; and

specify the capacity in which the person is making the declaration; and

be signed by the person making the declaration.

A person performs a chief executive function in relation to the company, disclosing entity or registered scheme if the person is the person who is primarily and directly responsible to the directors for the general and overall management of the company, disclosing entity or registered scheme.

If there is no one person who performs a chief executive function in relation to the company, disclosing entity or registered scheme under subsection (4), a person performs a chief executive function in relation to the company, disclosing entity or registered scheme if the person is one of a number of people who together are primarily and directly responsible to the directors for the general and overall management of the company, disclosing entity or registered scheme.

A person performs a chief financial officer function in relation to the company, disclosing entity or registered scheme if that person is the person who is:

primarily responsible for financial matters in relation to the company, disclosing entity or registered scheme; and

directly responsible for those matters to either:

the directors; or

the person or persons who perform the chief executive function in relation to the company.

If there is no one person who performs a chief financial officer function in relation to the company, disclosing entity or registered scheme under subsection (6), a person performs a chief financial officer function in relation to the company, disclosing entity or registered scheme if the person is one of a number of people who together are:

primarily responsible for financial matters in relation to the company, disclosing entity or registered scheme; and

directly responsible for those matters to either:

the directors; or

the person or persons who perform the chief executive function in relation to the company.

Nothing in this section derogates from the responsibility that a director has for ensuring that financial statements comply with this Act.