Document ID: chunk:federal_register_of_legislation:C2023A00029:clause:6_130baa:p1
Version: federal_register_of_legislation:C2023A00029
Segment Type: clause
Provision Reference: sch 6 cl 130BAA (pt 1/2)
Character Range: 151001–153660

130BAA  Lead auditor—obligation to notify the Regulator of attempts to unduly influence etc. the auditor etc.

Contravention by RSE audit company
 (1) An RSE audit company conducting an audit of a registrable superannuation entity contravenes this subsection if:
 (a) the lead auditor for the audit is aware of circumstances that amount to:
 (i) an attempt, in relation to an audit of the entity, by any person to unduly influence, coerce, manipulate or mislead the lead auditor or a member of the audit team conducting the audit; or
 (ii) an attempt by any person to otherwise interfere with the proper conduct of the audit; and
 (b) the lead auditor does not notify the Regulator 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 member of RSE audit firm
 (2) A member of an RSE audit firm conducting an audit of a registrable superannuation entity contravenes this subsection if:
 (a) the lead auditor for the audit is aware of circumstances that amount to:
 (i) an attempt, in relation to an audit of the entity, by any person to unduly influence, coerce, manipulate or mislead the lead auditor or a member of the audit team conducting the audit; or
 (ii) an attempt by any person to otherwise interfere with the proper conduct of the audit; and
 (b) the lead auditor does not notify the Regulator 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.
 (3) A member of an RSE audit firm does not commit an offence at a particular time because of a contravention of subsection (2) if the member:
 (a) does not know at that time of the circumstances that constitute the contravention of subsection (2); or
 (b) does know of those circumstances at that time but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.
Note: A defendant bears an evidential burden in relation to the matters in this subsection, see subsection 13.3(3) of the Criminal Code.

Contravention by lead auditor
 (4) A person contravenes this subsection if:
 (a) the person is the lead auditor for an audit of a registrable superannuation entity; and
 (a) the person is aware of circumstances that amount to:
 (i) an attempt, in relation to an audit of the entity, by any person to unduly influence, coerce, manipulate or mislead the lead auditor or a member of the audit team conducting the audit; or
 (ii) an attempt by any person to otherwise interfere with the proper conduct of the audit;