Reports not required under section 292A
(1) This section applies if a company, registered scheme, registrable superannuation entity or disclosing entity: (a) is not required to prepare a sustainability report for a particular financial year that commences during the 3 years starting on the start date; but (b) prepares a document that: (i) would be a sustainability report for the year if the company, scheme or entity were required to prepare a sustainability report for the year; and (ii) contains a declaration, in accordance with subsection (2), that the directors intend that this section apply to the document. (2) For the purposes of subparagraph (1)(b)(ii), the declaration must: (a) be made in accordance with a resolution of the directors; and (b) specify the date on which the declaration is made; and (c) be signed by a director. (3) To avoid doubt, the declaration referred to in subparagraph (1)(b)(ii) of this section is in addition to the declaration referred to in paragraph 296A(1)(e). Note: See also section 1707C. (4) The following provisions apply in relation to the document mentioned in paragraph (1)(b) of this section as if the company, scheme or entity were required to prepare a sustainability report for the year: (a) section 296E (ASIC directions); (b) section 301A (audit of annual sustainability report); (c) section 1707D (limited immunity for statements in new sustainability reporting). (5) To avoid doubt: (a) if the year commences during the 3 years starting on the start date—a reference in subparagraph 1707D(3)(a)(ii) to an auditor’s report of an audit or review of a sustainability report mentioned in subparagraph 1707D(3)(a)(i) includes a reference to an auditor’s report, on the document mentioned in paragraph (1)(b) of this section, required by section 301A (as that section applies under subsection (4) of this section); and (b) if the year commences during the 12 months starting on the start date—a reference in subparagraph 1707D(4)(a)(ii) to an auditor’s report of an audit or review of a sustainability report mentioned in subparagraph 1707D(4)(a)(i) includes a reference to an auditor’s report, on the document mentioned in paragraph (1)(b) of this section, required by section 301A (as that section applies under subsection (4) of this section).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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