[FORM 10-K (Mark One) September 30, 2012 For the fiscal year ended: For the transition period from ____________to _____________ Commission File No. 001-32898 CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or Other Jurisdiction of Incorporation or (I.R.S. Employer Identification No.) Organization) People’s Republic of China BAK Industrial Park (86-755) 61886818-6957 Title of each class Name of each exchange on which] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-148253, No. 333-151678 and No. 333-151985) and the Registration Statements on Form S-8 (No. 333-137747, No. 333-153649 and No. 333-153650) of China BAK Battery, Inc. (the “Company”) of our report dated December 31, 2012, relating to the] [CERTIFICATIONS I, Xiangqian Li, certify that: 1. I have reviewed this annual report on Form 10-K of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. st Xiangqian Li Chief Executive Officer and Interim Chief Financial Officer Accounting Officer)] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Debtor”) and Shenzhen Eastern Branch, Agricultural Bank of China (the “Creditor”) Dated November 27, 2012 Main articles: Contract number: 023720121009001; Maximum amount of credit facilities to be provided: RMB 420 million; Term: from November 27, 2012 to November 25,] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen BAK Haoze Investment Co., Ltd. (the “Creditor”) on December 28, 2011 Main articles: Loan principal: RMB 1.75 million; Loan Term: December 28, 2011 to December 27, 2013; Non-bank and non-interest loan; Purpose of the loan is to provide working capital for the] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Tianjin BAK New Energy Research Institute Co., Ltd. (the “Creditor”) on July 12, 2012 Main articles: Loan principal: RMB 5.9455 million; Loan Term: July 12, 2012 to July 11, 2014; Non-bank and non-interest loan; Purpose of the loan is to provide working capital] [Summary of Guaranty Contract of Maximum Amount (the “Contract”) Entered into by and between Shenzhen BAK Battery Co., Ltd. (the “Guarantor”) and Jilin Province Trust & Investment Co., Ltd. (the “Creditor”) on March 24, 2011 Main contents: Guaranty Contract number: JLXT2011025-2; Shenzhen BAK undertakes to assume joint and several liabilities for Tianjin BAK New Energy Research Institute Co., Ltd. (the] [Summary of Guaranty Contract of Maximum Amount (the “Contract”) Entered into by and between Shenzhen BAK Battery Co., Ltd (the “Guarantor”) and Tianjin Branch, Bank of Dalian (the “Creditor”) on July 2, 2012 Main contents: Guaranty Contract number: DLL Jin201207020003; Shenzhen BAK Battery Co., Ltd undertakes to assume joint and several liabilities for Tianjin BAK New Energy Research Institute Co.,] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) Dated July 3, 2012 Main articles: Contract number: 2012 Zhenzhongyin Gang Exiezi 000527; Maximum amount of credit facilities to be provided: RMB 400 million; Term: from July 3, 2012] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International Limited and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on July 3, 2012 Main contents: Guaranty Contract number: 2012 Zhenzhongyin Gang Baoxiezi 000527-2; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd. (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on July 3, 2012 Main contents: Contract number In order to guarantee the indebtedness of RMB 400 million for Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the Creditor] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) Dated August 2, 2012 Main articles: Contract number: 2011 Zhenzhongyin Gangjiezi 00043; Loan principal: RMB 200 million; Loan Term: from August 3, 2012 to August 3, 2013; Floating interest rate: Interest rate of loan shall]