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Corporations Act. Australia
Читать онлайн.Название Corporations Act
Год выпуска 0
isbn 9785392086429
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
(d) a written declaration that, to the best of the individual auditor’s knowledge and belief, the only contraventions of:
(i) the auditor independence requirements of this Act in relation to the audit or review; or
(ii) any applicable code of professional conduct in relation to the audit or review;
are those contraventions details of which are set out in the declaration.
(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) If an audit firm or audit company conducts:
(a) an audit or review of the financial report for a financial year; or
(b) an audit or review of the financial report for a half‑year;
the lead auditor for the audit must give the directors of the company, registered scheme or disclosing entity:
(c) a written declaration that, to the best of the lead auditor’s knowledge and belief, there have been:
(i) no contraventions of the auditor independence requirements of this Act in relation to the audit or review; and
(ii) no contraventions of any applicable code of professional conduct in relation to the audit or review; or
(d) a written declaration that, to the best of the lead auditor’s knowledge and belief, the only contraventions of:
(i) the auditor independence requirements of this Act in relation to the audit or review; or
(ii) any applicable code of professional conduct in relation to the audit or review;
are those contraventions details of which are set out in the declaration.
(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.
(5) The declaration under subsection (1) or (3):
(a) either:
(i) must be given when the audit report is given to the directors of the company, registered scheme or disclosing entity; or
(ii) must satisfy the conditions in subsection (5A); and
(b) must be signed by the person making the declaration.
(5A) A declaration under subsection (1) or (3) in relation to a financial report for a financial year or half‑year satisfies the conditions in this subsection if:
(a) the declaration is given to the directors of the company, registered scheme or disclosing entity before the directors pass a resolution under subsection 298(2) or 306(3) (as the case requires) in relation to the directors’ report for the financial year or half‑year; and
(b) a director signs the directors’ report within 7 days after the declaration is given to the directors; and
(c) the auditor’s report on the financial report is made within 7 days after the directors’ report is signed; and
(d) the auditor’s report includes either of the following statements:
(i) a statement to the effect that the declaration would be in the same terms if it had been given to the directors at the time the auditor’s report was made;
(ii) a statement to the effect that circumstances have changed since the declaration was given to the directors, and setting out how the declaration would differ if it had been given to the directors at the time the auditor’s report was made.
(5B) An individual auditor or a lead auditor is not required to give a declaration under subsection (1) or (3) in respect of a contravention if:
(a) the contravention was a contravention by a person of subsection 324CE(2), 324CF(2) or 324CG(2); and
(b) the person does not commit an offence because of subsection 324CE(4), 324CF(4) or 324CG(4).
Self‑incrimination
(6) An individual is not excused from giving a declaration under subsection (1) or (3) on the ground that giving the declaration might tend to incriminate the individual or expose the individual to a penalty.
Use/derivative use indemnity
(7) However, neither:
(a) the information included in the declaration; nor
(b) any information, document or thing obtained as a direct or indirect consequence of including the information in the declaration;
is admissible in evidence against the individual in any criminal proceedings, or in any proceedings that would expose the person to a penalty, other than:
(c) proceedings for an offence against section 1308 or 1309 in relation to the declaration; or
(d) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (false or misleading information or documents) in relation to the declaration.
308 Auditor’s report on annual financial report
(1) An auditor who audits the financial report for a financial 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 296 (compliance with accounting standards); and
(b) section 297 (true and fair view).
If not of that opinion, the auditor’s report must say why.
(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 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.
(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).
(3AA) An auditor who reviews the financial report for a company limited by guarantee 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 1.
(3AB) A report under subsection (3AA) must:
(a) describe any matter referred to in subsection (3AA); and
(b) say why that matter makes the auditor believe that the financial report does not comply with Division 1.
(3A) The auditor’s report must include any statements or disclosures required by the auditing standards.
(3B) If the financial report includes additional information under paragraph 295(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 297.
(3C) If the directors’ report for the financial year includes a remuneration report, the auditor must also report to members on whether the auditor is of the opinion that the remuneration report complies with section 300A. If not of that opinion, the auditor’s report must say why.
(4) A report under subsection (1) or (3AA) must specify the date on which it is made.
(5) An offence based on subsection (1), (3), (3AA), (3AB), (3A), (3C) or (4) is an offence of strict liability.
Note: For strict