Corporations Act 2001

A company or disclosing entity that was a borrower in relation to debentures at the end of a financial year must give a copy of the annual financial report, sustainability report (if one is required to be prepared), directors’ report and auditor’s report to the trustee for debenture holders by the deadline for the financial year set by section 315.

This section applies to sub‑funds of retail CCIVs in a modified form: see section 1232L.

A debenture holder may ask the company or disclosing entity that issued the debenture for copies of:

the last reports provided to members under section 314; or

the full financial report, sustainability report (if one was required to be prepared) and the directors’ report and auditor’s reports for the last financial year.

The company or entity must give the debenture holder the copies as soon as practicable after the request and free of charge.

A disclosing entity that was a borrower in relation to debentures at the end of a half‑year must give a copy of the half‑year financial report, directors’ report and auditor’s report to the trustee for debenture holders within 75 days after the end of the half‑year.

An offence based on subsection (1), (3) or (4) is an offence of strict liability.

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