Corporations Act 2001

A member of a company limited by guarantee may, by notifying the company (whether or not in writing), elect to receive the following reports:

the financial reports;

the sustainability reports;

the directors’ reports;

the auditor’s reports on the financial report;

the auditor’s reports on the sustainability report.

If a member makes an election in a financial year, the election:

is made by the member for that financial year; and

is a standing election made by the member for each later financial year until the member changes the election.

If the company prepares a financial report or a directors’ report for a financial year, or obtains an auditor’s report on the financial report, the company must send a copy of the report, free of charge, to each member who has made an election for that financial year by the earlier of:

21 days before the next AGM after the end of the financial year; and

4 months after the end of the financial year.

For the deadline for holding an AGM, see section 250N.

If the company prepares a sustainability report for a financial year, the company must send a copy of the report, free of charge, to each member who has made an election for that financial year by the earlier of:

21 days before the next AGM after the end of the financial year; and

4 months after the end of the financial year.

For the deadline for holding an AGM, see section 250N.

If the company obtains an auditor’s report on the sustainability report, the company must send a copy of the report, free of charge, to each member who has made an election for that financial year by the earlier of:

21 days before the next AGM after the end of the financial year; and

4 months after the end of the financial year.

For the deadline for holding an AGM, see section 250N.

If a member direction is given to a small company limited by guarantee under section 294A after the end of a financial year, subsection (3) does not apply and the company must send a copy of the reports that the company prepares or obtains as a result of the direction to each member who has made an election for that financial year by the later of:

2 months after the date on which the direction was given; and

4 months after the end of the financial year.

An offence based on subsection (3), (3A), (3B) or (4) is an offence of strict liability.

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