Corporations Act 2001

A company, responsible entity of a registered scheme or operator of a notified foreign passport fund must respond to a return of particulars that it receives. The response must comply with subsection (2).

The response to a return of particulars by a company, the responsible entity of a registered scheme or the operator of a notified foreign passport fund:

must be lodged with ASIC within 2 months after the date of issue of the return; and

must be in the prescribed form; and

must be signed or authenticated; and

if, as at the date that the response is signed or authenticated, any particular set out in the return is not correct—must be such that the particulars set out in the return, taken together with the response, are correct as at the date the response is signed or authenticated; and

if the return includes a requirement that the company, responsible entity of the scheme or operator of the fund provide a particular under section 348B—must provide the required particular, correct as at the date the response is signed or authenticated; and

if the return includes a requirement to comply with a subsection of section 348C—must include the statement required by the subsection that the company chooses to comply with.

If a company responds to a return of particulars:

correcting a particular; or

providing a particular;

Subsection (3) does not affect the company’s liability for late lodgment fees incurred before the response to the return of particulars is lodged or continuing offences committed before that time.

An offence based on subsection (1) is an offence of strict liability.

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