ASIC Corporations (Offer Information Statements) Instrument 2016/76

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date  9 March 2016

Grant Moodie

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement

3 Authority

4 Definitions

Part 2—Declaration

5 Financial reports in offer information statements

Part 1—Preliminary

1 Name of legislative instrument

This instrument is ASIC Corporations (Offer Information Statements) Instrument 2016/76.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under section 741 of the Corporations Act 2001.

4 Definitions

In this instrument:

Act means the Corporations Act 2001.

Part 2—Declaration

5 Financial reports in offer information statements

Chapter 6D of the Act applies to all persons as if subsection 715(2) were omitted and substituted with the following subsection:

“(2) The financial report included under paragraph (1)(i) must:

(a) be a report for a 12 month period, or a period shorter or longer than 12 months but not by more than 7 days, and have a balance date that occurs within the last 6 months before the securities are first offered under the statement; and

(b) be prepared in accordance with the accounting standards; and

(c) be audited by a registered company auditor.

Note 1: The financial report can be the annual financial report lodged under Chapter 2M, provided the financial year to which the report relates ends within the last 6 months before the securities are first offered under the statement.

Note 2: If the body is subject to Chapter 2M, the financial report need not be an annual financial report lodged under that Chapter, provided the financial report otherwise complies with subsection (2).”.