Superannuation Industry (Supervision) Act 1993

PART 16 - ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES  

Division 2 - Obligations of actuaries and auditors  

SECTION 130BA   AUDITOR MUST NOTIFY THE REGULATOR OF ATTEMPTS TO UNDULY INFLUENCE ETC. THE AUDITOR ETC.  

130BA(1)    

If an auditor of a superannuation entity is an individual and is aware of circumstances that amount to:

(a)    an attempt, in relation to an audit of the superannuation entity, by any person to unduly influence, coerce, manipulate or mislead the auditor or a member of the audit team conducting the audit; or

(b)    an attempt by any person to otherwise interfere with the proper conduct of the audit;

the auditor must notify the Regulator in writing of those circumstances as soon as practicable, and in any case within 28 days, after the auditor becomes aware of those circumstances.

130BA(2)    
An auditor commits an offence if the auditor contravenes subsection (1) .

Penalty: Imprisonment for 12 months or 50 penalty units, or both.

130BA(3)    

If the Regulator receives a notification under subsection (1) that relates wholly or partly to an audit of a registrable superannuation entity conducted in fulfilment of a requirement imposed by a provision of Chapter 2M of the Corporations Act 2001 , the Regulator must:

(a)    give a copy of the notification to ASIC; and

(b)    do so as soon as practicable after receiving the notification.

130BA(4)    

For the purposes of this section, audit means:

(a)    an audit of a registrable superannuation entity conducted in fulfilment of a requirement imposed by a provision of the RSE licensee law; or

(b)    an audit of a registrable superannuation entity conducted in fulfilment of a requirement imposed by a provision of Chapter 2M of the Corporations Act 2001 ; or

(c)    an audit of a self managed superannuation fund.