Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (103 of 2004)
Schedule 1 Audit Reform
Part 5 Auditors and AGMs
Corporations Act 2001
116 After section 250R
Insert:
250RA Auditor required to attend listed company's AGM
Contravention by individual auditor
(1) If a listed company's auditor for a financial year is an individual auditor, the auditor contravenes this subsection if:
(a) the auditor does not attend the company's AGM at which the audit report for that financial year is considered; and
(b) the auditor does not arrange to be represented, at that AGM, by a person who:
(i) is a suitably qualified member of the audit team that conducted the audit; and
(ii) is in a position to answer questions about the audit.
(2) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.
Contravention by lead auditor
(3) A person contravenes this subsection if:
(a) a listed company's auditor for a financial year is an audit firm or an audit company; and
(b) the person is the lead auditor for the audit; and
(c) the person is not represented, at the AGM at which the audit report for that financial year is considered, by a person who:
(i) is a suitably qualified member of the audit team that conducted the audit; and
(ii) is in a position to answer questions about the audit.
(4) An offence based on subsection (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.
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