Australia Corporations Act 2001 (Cth)
The core compliance duties of Australia's Corporations Act 2001, scoped: directors' and officers' duties (care and diligence, good faith, use of position and information, material personal interests, indemnities, insolvent trading and the safe harbour, employee entitlements), financial and sustainability reporting and audit, continuous disclosure, and the core financial services obligations of AFS licensees (licensing, efficiently honestly and fairly, breach reporting and remediation, FSG, SOA, best interests, conflicted remuneration, client money, hawking, design and distribution, PDS and product intervention). The rest of the Act is not built.
Australia Corporations Act 2001 (Cth) is a compliance framework from Australia: Commonwealth (all States and Territories by referral) with 8 domains and 60 controls that map to 6 other frameworks. The largest domains are Chapter 2M: Financial and sustainability records, reports and lodgement – Australia Corporations Act 2001 (Cth) (16 controls), Chapter 7 Parts 7.7, 7.7A and 7.8: Retail client disclosure, advice conduct, client money and records – Australia Corporations Act 2001 (Cth) (9 controls), Part 2D.1 and related: Director and officer duties – Australia Corporations Act 2001 (Cth) (9 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (8)
Chapter 2M: Auditor duties and audit appointment – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s307-308 | ss 307, 307A, 307AA and 308 Auditors: conduct the audit under the auditing standards and report to members |
| australia-corporations-act-2001-cth::s307C | s 307C Auditors: give the directors a written independence declaration |
| australia-corporations-act-2001-cth::s311 | s 311 Auditors: report significant contraventions and interference to ASIC within 28 days |
| australia-corporations-act-2001-cth::s324CA-324DA | ss 324CA to 324DA Auditors: resolve conflicts of interest, meet specific independence rules and rotate |
| australia-corporations-act-2001-cth::s327A-327B | ss 327A and 327B Public companies: appoint an auditor within 1 month of registration and at each AGM vacancy |
Chapter 2M: Financial and sustainability records, reports and lodgement – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s286-288 | ss 286 to 288 Keep written financial records for 7 years |
| australia-corporations-act-2001-cth::s286A | s 286A Keep sustainability records for 7 years |
| australia-corporations-act-2001-cth::s292 | ss 292 to 294B Prepare an annual financial report and directors' report when required |
| australia-corporations-act-2001-cth::s292A | s 292A Prepare an annual sustainability report when the thresholds are met |
| australia-corporations-act-2001-cth::s295-297 | ss 295 to 297 Financial report contents, accounting standards, true and fair view and directors' declaration |
| australia-corporations-act-2001-cth::s295A | s 295A Listed entities: CEO and CFO declarations before the directors' declaration |
| australia-corporations-act-2001-cth::s296A-296E | ss 296A to 296E Sustainability report contents: climate statements, disclosures, standards and directors' declaration |
| australia-corporations-act-2001-cth::s298-299A | ss 298 to 299A Directors' report: general information and listed entity operating and financial review |
| australia-corporations-act-2001-cth::s300 | s 300 Directors' report: dividends, directors, options, indemnities and public company details |
| australia-corporations-act-2001-cth::s300A | s 300A Listed companies: include a remuneration report |
| australia-corporations-act-2001-cth::s301-301A | ss 301 and 301A Have the financial report and sustainability report audited |
| australia-corporations-act-2001-cth::s302-306 | ss 302 to 306 and 320 Disclosing entities: prepare, review and lodge half-year reports within 75 days |
| australia-corporations-act-2001-cth::s312 | s 312 Officers: give the auditor access to books and all information and assistance required |
| australia-corporations-act-2001-cth::s314-317 | ss 314 to 317 Report to members by the deadline and lay reports before the AGM |
| australia-corporations-act-2001-cth::s319 | s 319 Lodge the annual reports with ASIC within 3 or 4 months |
| australia-corporations-act-2001-cth::s344 | s 344 Directors: take all reasonable steps to comply with the financial reporting and records requirements |
Chapter 6CA: Continuous disclosure – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s674-674A | ss 674 and 674A Listed entities: notify the market operator of price-sensitive information under the listing rules |
| australia-corporations-act-2001-cth::s675-675A | ss 675 and 675A Other disclosing entities: lodge price-sensitive information with ASIC as soon as practicable |
Chapter 7 Part 7.6: Australian financial services licence and general obligations – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s911A-911B | ss 911A and 911B Hold an AFS licence, or act only as an employee, director or authorised representative of a licensee |
| australia-corporations-act-2001-cth::s912A-1a | s 912A(1)(a) Provide financial services efficiently, honestly and fairly |
| australia-corporations-act-2001-cth::s912A-1aa | s 912A(1)(aa) Maintain adequate conflicts of interest management arrangements |
| australia-corporations-act-2001-cth::s912A-1b-ca | s 912A(1)(b), (c) and (ca) Comply with licence conditions and financial services laws, and ensure representatives comply |
| australia-corporations-act-2001-cth::s912A-1d-h | s 912A(1)(d) and (h) Have adequate resources and adequate risk management systems |
| australia-corporations-act-2001-cth::s912A-1e-f | s 912A(1)(e) and (f) Maintain competence and ensure representatives are trained and competent |
| australia-corporations-act-2001-cth::s912A-1g | s 912A(1)(g) and (2) Maintain internal dispute resolution and AFCA membership for retail clients |
| australia-corporations-act-2001-cth::s912B | s 912B Maintain compensation arrangements for retail clients |
Chapter 7 Part 7.6: Breach reporting and client remediation – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s912DAA | s 912DAA Report reportable situations to ASIC within 30 days |
| australia-corporations-act-2001-cth::s912DAB | s 912DAB Report other licensees' advisers' serious breaches to ASIC within 30 days |
| australia-corporations-act-2001-cth::s912EA-912EB | ss 912EA and 912EB Notify, investigate and compensate affected personal advice clients |
Chapter 7 Parts 7.7, 7.7A and 7.8: Retail client disclosure, advice conduct, client money and records – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s941A-941D | ss 941A to 941D Give retail clients a Financial Services Guide before providing the service |
| australia-corporations-act-2001-cth::s946A-946C | ss 946A to 946C Give a Statement of Advice for personal advice to retail clients |
| australia-corporations-act-2001-cth::s961B-961J | ss 961B, 961G and 961J Act in the client's best interests, give appropriate advice and prioritise the client |
| australia-corporations-act-2001-cth::s961L | ss 961K and 961L Licensees: take reasonable steps to ensure representatives meet the best interests obligations |
| australia-corporations-act-2001-cth::s962F-962H | ss 962F to 962S Ongoing fee arrangements: obtain and renew written client consent |
| australia-corporations-act-2001-cth::s963E-963G | ss 963E to 963G Do not accept conflicted remuneration |
| australia-corporations-act-2001-cth::s981B | ss 981B to 981H Pay client money into a designated trust account on the day of receipt or the next business day |
| australia-corporations-act-2001-cth::s988A-989B | ss 988A to 989B Keep licensee financial records and lodge an audited annual profit and loss statement and balance sheet |
| australia-corporations-act-2001-cth::s992A | s 992A Do not hawk financial products to retail clients through unsolicited contact |
Chapter 7 Parts 7.8A, 7.9 and 7.9A: Design and distribution, product disclosure and product intervention – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s1012A-1017B | ss 1012A to 1012C and 1017B Give a PDS to retail clients, and notify holders of material changes |
| australia-corporations-act-2001-cth::s1023P | s 1023P Comply with ASIC product intervention orders |
| australia-corporations-act-2001-cth::s994B | s 994B Issuers: make an appropriate written target market determination before distribution, and publish it |
| australia-corporations-act-2001-cth::s994C | s 994C Issuers: review TMDs on schedule and stop distribution within 10 business days of a review trigger |
| australia-corporations-act-2001-cth::s994D | s 994D Distributors: do not distribute a product without a required TMD |
| australia-corporations-act-2001-cth::s994E | s 994E Issuers and distributors: take reasonable steps so that distribution is consistent with the TMD |
| australia-corporations-act-2001-cth::s994F | s 994F Keep DDO records, and distributors: report complaints, specified information and significant dealings to the issuer |
| australia-corporations-act-2001-cth::s994G | s 994G Issuers: notify ASIC of significant dealings inconsistent with the TMD within 10 business days |
Part 2D.1 and related: Director and officer duties – Australia Corporations Act 2001 (Cth)
| Code | Title |
|---|---|
| australia-corporations-act-2001-cth::s180 | s 180 Exercise powers and discharge duties with reasonable care and diligence |
| australia-corporations-act-2001-cth::s181 | s 181 Act in good faith in the corporation's best interests and for a proper purpose |
| australia-corporations-act-2001-cth::s182-183 | ss 182 and 183 Do not improperly use position or information to gain an advantage or cause detriment |
| australia-corporations-act-2001-cth::s188 | s 188 Company secretary (or proprietary company directors): keep corporate lodgements and registers current |
| australia-corporations-act-2001-cth::s191-195 | ss 191 to 195 Disclose material personal interests, and in public companies do not vote or attend on them |
| australia-corporations-act-2001-cth::s199A-199C | ss 199A to 199C Do not exempt or improperly indemnify or insure officers and auditors |
| australia-corporations-act-2001-cth::s205G | s 205G Listed company directors: notify the market operator of their interests within 14 days |
| australia-corporations-act-2001-cth::s588G | ss 588G and 588GA Prevent the company incurring debts while insolvent (safe harbour available) |
| australia-corporations-act-2001-cth::s596AB-596AC | ss 596AB and 596AC Do not enter into, or cause the company to enter into, transactions that avoid employee entitlements |
Your Compliance Coverage
If you comply with Australia Corporations Act 2001 (Cth), you already cover:
Australia Insurance Contracts Act 1984 (Cth)
3%
2 controls mapped
Compare →APRA CPS 230 Operational Risk Management
2%
1 controls mapped
Compare →ISO 10002:2018
2%
1 controls mapped
Compare →+ 3 more: APRA CPS 220 Risk Management (2%), AASB S2 Climate-related Disclosures (2%)
See all 6 mapped frameworks ↓Maps to 6 other frameworks
Coverage is not the same as your position
This page shows what Australia Corporations Act 2001 (Cth) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is Australia Corporations Act 2001 (Cth) and who does it apply to?
Australia Corporations Act 2001 (Cth) is a compliance framework from Australia: Commonwealth (all States and Territories by referral) with 8 domains and 60 controls. The core compliance duties of Australia's Corporations Act 2001, scoped: directors' and officers' duties (care and diligence, good faith, use of position and information, material personal interests, indemnities, insolvent trading and the safe harbour, employee entitlements), financial and sustainability reporting and audit, continuous disclosure, and the core financial services obligations of AFS licensees (licensing, efficiently honestly and fairly, breach reporting and remediation, FSG, SOA, best interests, conflicted remuneration, client money, hawking, design and distribution, PDS and product intervention). The rest of the Act is not built. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Australia Corporations Act 2001 (Cth) actually require?
Australia Corporations Act 2001 (Cth) has 60 controls organised across 8 domains. The largest domains are Chapter 2M: Financial and sustainability records, reports and lodgement – Australia Corporations Act 2001 (Cth) (16 controls), Chapter 7 Parts 7.7, 7.7A and 7.8: Retail client disclosure, advice conduct, client money and records – Australia Corporations Act 2001 (Cth) (9 controls), Part 2D.1 and related: Director and officer duties – Australia Corporations Act 2001 (Cth) (9 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Australia Corporations Act 2001 (Cth) do I already cover?
Australia Corporations Act 2001 (Cth) maps to 6 other compliance frameworks. The top mapping partners are Australia Insurance Contracts Act 1984 (Cth) (3% coverage), APRA CPS 230 Operational Risk Management (2% coverage), ISO 10002:2018 (2% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement Australia Corporations Act 2001 (Cth)?
Start your Australia Corporations Act 2001 (Cth) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Australia Corporations Act 2001 (Cth) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 60 controls and track your progress.
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