Section 294B — Corporations Act 2001 (Cth)

(1) ASIC may give a small company limited by guarantee a direction to comply with the requirements of this Division and Divisions 3, 4, 5 and 6 for a financial year.

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

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

(3) The direction may be general or may specify the particular requirements that the company is to comply with.

(4) The direction must specify the date by which the documents have to be prepared, sent or lodged. The date must be a reasonable one in view of the nature of the direction.

(5) The direction must:

(a) be made in writing; and

(b) specify the financial year concerned; and

(c) be made no later than 6 years after the end of that financial year.

(6) A direction given under subsection (1) is not a legislative instrument.

Related sections

• s 293 — Small proprietary company—shareholder direction
• s 294 — Small proprietary company—ASIC direction
• s 294A — Small company limited by guarantee—member direction
• s 295 — Contents of annual financial report
• s 295A — Declaration in relation to listed entity’s financial statements by chief executive officer and chief financial officer
• s 296 — Compliance with accounting standards and regulations

Research how courts apply s 294B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.