Commonwealth legislation

ASIC Corporations (Qualified Accountant) Instrument 2016/786

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

5/10 complexity

This instrument clarifies when a "qualified accountant" may provide a statutory certificate under paragraphs 708(8)(c) or 761G(7)(c) of the Corporations Act: specifically where the accountant (or member) issues the certificate to a person who is resident in the same country as that member, where that country is not Australia. It affects qualified accountants and entities relying on those certificates for disclosure or offer exemptions, because it narrows the permitted cross‑border certification scenario and so changes who must meet the compliance steps.

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Current sections

Direct links to the current provisions in ASIC Corporations (Qualified Accountant) Instrument 2016/786.

(ii) is providing a certificate for the

(ii) is providing a certificate for the purposes of paragraph 708(8)(c) or 761G(7)(c) of the Act to a person who is resident in the same country (being a country other than Australia) as that member.

Endnotes

Endnote 1—Instrument history

Instrument number	Date of FRL registration	Date of commencement	Application, saving or transitional provisions
2016/786	29/9/2016 (see F2016L01541)	29/9/2016
2021/868	28/10/2021 (see F2021L01472)	29/10/2021	-

Endnote 2—Amendment history

Note: ad. = added or inserted am. = amended LA = Legislation Act 2003 rep. = repealed rs. = repealed and substituted

Provision affected	How affected
Section 2	rep. s48D LA
Subparagraph 5(b)(i)	am. 2021/868

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

(ii) is providing a certificate for the (ii) is providing a certificate for the purposes of paragraph 708(8)(c) or 761G(7)(c) of the Act to a person who is resident in the same country (being a country other than Australia) as that member.

(ii) is providing a certificate for the purposes of paragraph 708(8)(c) or 761G(7)(c) of the Act to a person who is resident in the same country (being a country other than Australia) as that member.

Endnotes

Endnote 1—Instrument history

Instrument number	Date of FRL registration	Date of commencement	Application, saving or transitional provisions
2016/786	29/9/2016 (see F2016L01541)	29/9/2016
2021/868	28/10/2021 (see F2021L01472)	29/10/2021	-

Endnote 2—Amendment history

Note: ad. = added or inserted am. = amended LA = Legislation Act 2003 rep. = repealed rs. = repealed and substituted

Provision affected	How affected
Section 2	rep. s48D LA
Subparagraph 5(b)(i)	am. 2021/868