Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_328a
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 328A
Character Range: 184580–185917

328A  Auditor's consent to appointment

 (1) A 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 (b) has not withdrawn that consent before the appointment is made.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.

 (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.

 (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.

 (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.