Corporations Act 2001
Note: This Division does not apply in relation to a CCIV. Instead, section 1232R applies a modified version of Division 7 to a retail CCIV.
View history note
Hide history noteA company, the directors of a company or the responsible entity of a registered scheme must not appoint an individual, firm or company as auditor of the company unless that individual, firm or company: (a) has consented, before the appointment, to act as auditor; and (b) has not withdrawn that consent before the appointment is made.
For the purposes of this section, a consent, or the withdrawal of a consent, must be given by written notice to the company, the directors or the responsible entity of the scheme.
328A(2)
A notice under subsection (1) given by a firm must be signed by a member of the firm who is a registered company auditor both: (a) in the firm name; and (b) in his or her own name.
328A(3)
A notice under subsection (1) given by a company must be signed by a director or senior manager of the company both: (a) in the company ' s name; and (b) in his or her own name.
328A(4)
If a company, the directors of a company or the responsible entity of a registered scheme appoints an individual, firm or company as auditor of a company in contravention of subsection (1) : (a) the purported appointment does not have any effect; and (b) the company or responsible entity, and any officer of the company or responsible entity who is in default, are each guilty of an offence.
Note: An officer of a company, or of a responsible entity, is in default if the officer is involved in the contravention of subsection (1) by the company, the company ' s directors or the entity: see the definitions of in default and involved in section 9 .
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