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398 Copy of sustainability report and auditor’s report

form – 398

Purpose

Use Form 398 for lodgement of the sustainability report and auditor’s report on the sustainability report. This form is lodged by companies, including companies that are disclosing entities. ASIC uses Form 398 as the basis for recording a company’s appointed sustainability report auditor.

For lodgement of the annual financial report, directors’ report and auditor’s report on the financial report, you must use Form 388 Copy of financial statements and reports.

Listed companies that are relying on ASIC Corporations (Electronic Lodgment of Financial and Sustainability reports) Instrument 2016/181 do not have to use this form. These entities can lodge their annual reports (or documents that form part of their annual reporting) electronically with the relevant market operator without lodging them separately with ASIC.

Documents to be provided

Use Form 398 to lodge any of the following documents with ASIC:

  • the sustainability report and auditor’s report on the sustainability report
  • if the entity prepares an annual report containing its broader suite of annual reporting documents i.e. the annual financial report, directors' report, sustainability report and accompanying auditors' report–that annual report. The annual report must be included as an attachment and lodged using both Form 398 and Form 388
  • a sustainability report prepared as a condition of, or to obtain the benefit of, an exemption granted by ASIC under sections 340 or 341 of the Corporations Act, along with the accompanying auditor’s report (see section 342C of the Corporations Act), or
  • a voluntary sustainability report prepared under the Corporations Act, along with the accompanying auditors' report (see s1707DA of the Corporations Act).

How to lodge this form

Lodge online

You can complete and lodge the form online in the relevant portal.

Auditor portal  Company officeholder portal  Registered agent portal

Lodge by post

Not applicable.

Fees

Applicable fees

Form Fee
398A Company (Disclosing Entity) No fee
398E Company No fee
398G Amendment of previously lodged sustainability report No fee

Late fees

  • {Late01} for up to one month late.
  • {Late02} for over one month late.

Lodging period

  • Disclosing entities - 3 months after the end of financial year.
  • All other companies required to lodge a sustainability report and auditor’s report on the sustainability report - 4 months after the end of financial year.
  • Sustainability reports amended after lodgement with ASIC - 14 days after amendment.

Payment information

Related information

Legislative references

  • Section 286A of the Corporations Act 2001
  • Section 296A of the Corporations Act 2001
  • Section 296B of the Corporations Act 2001
  • Section 307AA of the Corporations Act 2001
  • Section 319 of the Corporations Act 2001
  • Section 321 of the Corporations Act 2001
  • Section 322 of the Corporations Act 2001

Related forms

Form 388 Copy of financial statements and reports

Further information