THE CORPORATIONS LAW

CHAPTER 2M - FINANCIAL REPORTS AND AUDIT

PART 2M.4 - APPOINTMENT AND REMOVAL OF AUDITORS

Division 2 - Registered schemes

SECTION 331AA   QUALIFICATIONS OF AUDITORS  

331AA(1)  (Qualifications)  

Subject to this section, a person must not:

(a)  consent to be appointed as auditor of a registered scheme; or

(b)  act as auditor of a registered scheme; or

(c)  prepare a report required by this Law to be prepared by a registered company auditor or by an auditor of a registered scheme;

if:

(d)  the person is not a registered company auditor; or

(e)  the person, or a body corporate in which the person has a substantial holding, owes more than $5,000 to the scheme's responsible entity, to a related body corporate or to an entity that the responsible entity controls; or

(f)  the person:

(i) is an officer of the responsible entity; or

(ii) is a partner, employer or employee of an officer of the responsible entity; or

(iii) is a partner or employee of an employee of an officer of the responsible entity.

331AA(2)  (Firms)  

Subject to this section, a firm must not:

(a)  consent to be appointed as auditor of a registered scheme; or

(b)  act as auditor of a registered scheme; or

(c)  prepare a report required by this Law to be prepared by a registered company auditor or by an auditor of a registered scheme;

unless:

(d)  at least 1 member of the firm is a registered company auditor who is ordinarily resident in Australia; and

(e)  the business name under which the firm is carrying on business is registered under a law of a State or Territory relating to the registration of business names or a return in the prescribed form has been lodged showing, in relation to each member of the firm, the member's full name and address as at the time when the firm so consents, acts or prepares a report; and

(f)  no member of the firm, and no body corporate in which a member of the firm has a substantial holding, owes more than $5,000 to the scheme's responsible entity or to an entity that the responsible entity controls; and

(g)  no member of the firm is:

(i) an officer of the responsible entity; or

(ii) a partner, employer or employee of an officer of the responsible entity; or

(iii) a partner or employee of an employee of an officer of the responsible entity; and

(h)  no officer of the responsible entity receives any remuneration from the firm for acting as a consultant to it on accounting or auditing matters.

331AA(3)  (Application)  

Subsections 324(3), (4), (5) and (6) apply in relation to a registered scheme as if:

(a)  those subsections were part of this section; and

(b)  references in those subsections to a company were instead references to the registered scheme's responsible entity.

331AA(4)  [Application]  

Subsections 324(7), (8), (9), (10), (11) and (16) apply in relation to a registered scheme as if:

(a)  those subsections were part of this subsection; and

(b)  references in those subsections to a company were instead references to the registered scheme.