Corporations Act 2001

CHAPTER 2G - MEETINGS  

PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES  

Note: This Part does not apply to a CCIV or its members. Instead, section 1228A applies a modified version of Part 2G.4 .

Division 8 - AGMs of public companies  

SECTION 250RA   AUDITOR REQUIRED TO ATTEND LISTED COMPANY ' S AGM  

250RA(1)   Contravention by individual auditor.  

If a listed company ' s auditor for a financial year is an individual auditor, the auditor contravenes this subsection if:

(a)    

the auditor does not attend the company ' s AGM at which an auditor ' s report for that financial year is considered; and

(b)    the auditor does not arrange to be represented, at that AGM, by a person who:

(i) is a suitably qualified member of the audit team that conducted the audit; and

(ii) is in a position to answer questions about the audit.

250RA(2)    
An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

250RA(3)   Contravention by lead auditor.  

A person contravenes this subsection if:

(a)    a listed company ' s auditor for a financial year is an audit firm or an audit company; and

(b)    the person is the lead auditor for the audit; and

(c)    

the person is not represented, at the AGM at which an auditor ' s report for that financial year is considered, by a person who:

(i) is a suitably qualified member of the audit team that conducted the audit; and

(ii) is in a position to answer questions about the audit.

250RA(4)    
An offence based on subsection (3) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .