National Consumer Credit Protection Act 2009

CHAPTER 2 - LICENSING OF PERSONS WHO ENGAGE IN CREDIT ACTIVITIES  

PART 2-5 - FINANCIAL RECORDS, TRUST ACCOUNTS AND AUDIT REPORTS  

Division 4 - Matters relating to audit reports  

SECTION 105   QUALIFIED PRIVILEGE FOR AUDITOR ETC.  
Qualified privilege for auditor

105(1)    
The auditor has qualified privilege in relation to:

(a) a statement that the auditor makes, orally or in writing, in the course of its duties relating to the audit report; or

(b) the lodging of a report with ASIC under subsection 104(1) ; or

(c) the giving of a report to the licensee under subsection 104(1) .

Note:

If the auditor is a company, the company has qualified privilege under this subsection in relation to statements made, and reports lodged or sent, by natural persons on behalf of the company if those statements and notices can be properly attributed to the company.

Qualified privilege for registered company auditor acting on behalf of company

105(2)    
If the auditor is a company registered under the Corporations Act 2001 , a registered company auditor acting on behalf of the company has qualified privilege in relation to:

(a) a statement that the registered company auditor makes (orally or in writing) in the course of the performance, on behalf of the company, of the company ' s duties relating to the audit report; or

(b) the lodging by the registered company auditor, on behalf of the company, of a report with ASIC under subsection 104(1) ; or

(c) the giving by the registered company auditor, on behalf of the company, of a report to the licensee under subsection 104(1) .

Qualified privilege for subsequent publication

105(3)   [ Documents published by auditor]  

A person has qualified privilege in relation to the publishing of a document prepared by the auditor in the course of the auditor ' s duties relating to the audit report.

105(4)   [ Published statements]  

A person has qualified privilege in relation to the publishing of a statement:

(a) made by the auditor as referred to in subsection (1); or

(b) made by a registered company auditor as referred to in subsection (2).