Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Pt 7.8 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (Div 8 only) (as amended by ASIC Corporations (Amendment) Instrument 2024/554).
For legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.8, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note - modifying legislative instruments: The application of Division 6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note - modifying legislative instruments: The application of Subdivision D is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For legislative instruments or class orders before 1 January 2022 that affect the application of Subdivision D, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
If an auditor, in the performance of duties as auditor of the licensee, becomes aware of a matter referred to in subsection (2) , the auditor must, within 7 days after becoming aware of the matter, lodge a written report on the matter with ASIC in a prescribed form and send a copy of the report to the licensee, and to each licensed market (if any) and each licensed CS facility (if any) in which the licensee is a participant.
Note: Failure to comply with this section is an offence (see subsection 1311(1) ).
990K(2)
A report must be given in relation to any matter that, in the opinion of the auditor: (a) has adversely affected, is adversely affecting or may adversely affect the ability of the licensee to meet the licensee ' s obligations as a licensee; or (b) constitutes or may constitute a contravention of:
(i) a provision of Subdivision A or B of Division 2 (or a provision of regulations made for the purposes of such a provision); or
(ii) a provision of Division 3 (or a provision of regulations made for the purposes of such a provision); or
(iii) a provision of Subdivision B or C of this Division (or a provision of regulations made for the purposes of such a provision); or
(c) constitutes an attempt to unduly influence, coerce, manipulate or mislead the auditor in the conduct of the audit.
(iv) a condition of the licensee ' s licence; or
CCH Note - modifying legislative instruments: Section 990K is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
For modifying legislative instruments or class orders before 1 January 2022, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.