Corporations Act 2001
View history note
Hide history noteCCH note - modifying legislative instruments: The application of Division 3 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Externally-Administered Bodies) Instrument 2015/251.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 3, 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.
Note: This Division applies to sub-funds of retail CCIVs in a modified form: see section 1232G .
CCH Note: Section 309 is modified by the ASIC Corporations (Externally-Administered Bodies) Instrument 2015/251.
Audit of financial report
309(1)
An auditor who audits the financial report for a half-year must report to members on whether the auditor is of the opinion that the financial report is in accordance with this Act, including:
(a) section 304 (compliance with accounting standards); and
(b) section 305 (true and fair view).
If not of that opinion, the auditor ' s report must say why.
309(2)
If the auditor is of the opinion that the financial report does not comply with an accounting standard, the auditor ' s report must, to the extent that it is practicable to do so, quantify the effect that non-compliance has on the financial report. If it is not practicable to quantify the effect fully, the report must say why.
309(3)
The auditor ' s report must describe:
(a) any defect or irregularity in the financial report; and
(b) any deficiency, failure or shortcoming in respect of the matters referred to in paragraph 307 (b), (c) or (d).
Review of financial report
309(4)
An auditor who reviews the financial report for a half-year must report to members on whether the auditor became aware of any matter in the course of the review that makes the auditor believe that the financial report does not comply with Division 2 .
309(5)
A report under subsection (4) must:
(a) describe any matter referred to in subsection (4); and
(b) say why that matter makes the auditor believe that the financial report does not comply with Division 2 .
309(5A)
The auditor ' s report must include any statements or disclosures required by the auditing standards.
309(5B)
If the financial report includes additional information under paragraph 303(3) (c) (information included to give true and fair view of financial position and performance), the auditor ' s report must also include a statement of the auditor ' s opinion on whether the inclusion of that additional information was necessary to give the true and fair view required by section 305 .
Report to specify day made
309(6)
A report under subsection (1) or (4) must specify the date on which it is made.
309(7)
An offence based on subsection (1), (3), (4), (5), (5A) or (6) is an offence of strict liability.
Note: For strict liability see section 6.1 of the Criminal Code .
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