Corporations Act - Australia

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Code.

      309 Auditor’s report on half‑year financial report

      Audit of financial report

      (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.

      (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.

      (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

      (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.

      (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.

      (5A) The auditor’s report must include any statements or disclosures required by the auditing standards.

      (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

      (6) A report under subsection (1) or (4) must specify the date on which it is made.

      (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.

      310 Auditor’s power to obtain information

      The auditor:

      (a) has a right of access at all reasonable times to the books of the company, registered scheme or disclosing entity; and

      (b) may require any officer to give the auditor information, explanations or other assistance for the purposes of the audit or review.

      A request under paragraph (b) must be a reasonable one.

      311 Reporting to ASIC

      Contravention by individual auditor

      (1) An individual auditor conducting an audit contravenes this subsection if:

      (a) the auditor is aware of circumstances that:

      (i) the auditor has reasonable grounds to suspect amount to a contravention of this Act; or

      (ii) amount to an attempt, in relation to the audit, by any person to unduly influence, coerce, manipulate or mislead a person involved in the conduct of the audit (see subsection (6)); or

      (iii) amount to an attempt, by any person, to otherwise interfere with the proper conduct of the audit; and

      (b) if subparagraph (a)(i) applies:

      (i) the contravention is a significant one; or

      (ii) the contravention is not a significant one and the auditor believes that the contravention has not been or will not be adequately dealt with by commenting on it in the auditor’s report or bringing it to the attention of the directors; and

      (c) the auditor does not notify ASIC in writing of those circumstances as soon as practicable, and in any case within 28 days, after the auditor becomes aware of those circumstances.

      Contravention by audit company

      (2) An audit company conducting an audit contravenes this subsection if:

      (a) the lead auditor for the audit is aware of circumstances that:

      (i) the lead auditor has reasonable grounds to suspect amount to a contravention of this Act; or

      (ii) amount to an attempt, in relation to the audit, by any person to unduly influence, coerce, manipulate or mislead a person involved in the conduct of the audit (see subsection (6)); or

      (iii) amount to an attempt, by any person, to otherwise interfere with the proper conduct of the audit; and

      (b) if subparagraph (a)(i) applies:

      (i) the contravention is a significant one; or

      (ii) the contravention is not a significant one and the lead auditor believes that the contravention has not been or will not be adequately dealt with by commenting on it in the auditor’s report or bringing it to the attention of the directors; and

      (c) the lead auditor does not notify ASIC in writing of those circumstances as soon as practicable, and in any case within 28 days, after the lead auditor becomes aware of those circumstances.

      Contravention by lead auditor

      (3) A person contravenes this subsection if:

      (a) the person is the lead auditor for an audit; and

      (b) the person is aware of circumstances that:

      (i) the person has reasonable grounds to suspect amount to a contravention of this Act; or

      (ii) amount to an attempt, in relation to the audit, by any person to unduly influence, coerce, manipulate or mislead a person involved in the conduct of the audit (see subsection (6)); or

      (iii) amount to an attempt, by any person, to otherwise interfere with the proper conduct of the audit; and

      (c) if subparagraph (b)(i) applies:

      (i) the contravention is a significant one; or

      (ii) the contravention is not a significant one and the person believes that the contravention has not been or will not be adequately dealt with by commenting on it in the auditor’s report or bringing it to the attention of the directors; and

      (d) the person does not notify ASIC in writing of those circumstances as soon as practicable, and in any case within 28 days, after the person becomes aware of those circumstances.

      Significant contraventions

      (4) In determining for the purposes of this section whether a contravention of this Act is a significant one, have regard to:

      (a) the level of penalty provided for in relation to the contravention; and

      (b) the effect that the contravention has, or may have, on:

      (i) the overall financial position of the company, registered scheme or disclosing entity; or

      (ii) the adequacy of the information available about the overall financial position of the company, registered scheme or disclosing entity; and

      (c) any other relevant matter.

      (5) Without limiting paragraph (4)(a), a penalty provided for in relation to a contravention of a provision of Part 2M.2 or 2M.3, or section 324DAA, 324DAB or 324DAC, includes a penalty imposed on

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