Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_328b
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 328B
Character Range: 185917–187358

328B  Nomination of auditor

 (1) Subject to this section, a company may appoint an individual, firm or company as auditor of the company at its AGM only if a member of the company gives the company written notice of the nomination of the individual, firm or company for appointment as auditor:
 (a) before the meeting was convened; or
 (b) not less than 21 days before the meeting.
This subsection does not apply if an auditor is removed from office at the AGM.

 (2) If a company purports to appoint an individual, firm or company as auditor of the company in contravention of subsection (1):
 (a) the purported appointment is of no effect; and
 (b) the company and any officer of the company who is in default are each guilty of an offence.

 (3) If a member gives a company notice of the nomination of an individual, firm or company for appointment as auditor of the company, the company must send a copy of the notice to:
 (a) each individual, firm or company nominated; and
 (b) each auditor of the company; and
 (c) each person entitled to receive notice of general meetings of the company.
This is so whether the appointment is to be made at a meeting or an adjourned meeting referred to in section 327D or at an AGM.

 (4) The copy of the notice of nomination must be sent:
 (a) not less than 7 days before the meeting; or
 (b) at the time notice of the meeting is given.

Subdivision B—Removal and resignation of company auditors