Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_225a:p2
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 225A (pt 2/2)
Character Range: 24559–26489

(5) must specify:
 (a) the information or documents the professional accounting body or Australian auditor must give; and
 (b) the period within which the body or auditor must give the information or documents.
The period specified under paragraph (b) must be not less than 28 days after the day on which the notice is given.

 (8) The Chair of the FRC, acting on behalf of the FRC, may, by written notice to the professional accounting body or Australian auditor, extend the period within which the body or auditor must give the information or documents.

 (9) A person commits an offence if:
 (a) the Chair of the FRC gives the person notice under subsection (1) or (5); and
 (b) the person does not comply with the notice.

Penalty: 10 penalty units.

 (10) An offence against subsection (9) is an offence of strict liability.

Note: For strict liability see section 6.1 of the Criminal Code.

 (11) A person commits an offence if:
 (a) the Chair of the FRC gives a firm a notice under subsection (5); and
 (b) the person is a member of the firm when the notice is given; and
 (c) the notice is not complied with.

Penalty: 10 penalty units.

 (12) An offence against subsection (11) is an offence of strict liability.

Note: For strict liability see section 6.1 of the Criminal Code.

 (13) A member of a firm does not commit an offence at a particular time because of a contravention of subsection (11) if the member either:
 (a) does not know at that time that the Chair of the FRC has given the firm the notice under subsection (5); or
 (b) knows that the Chair of the FRC has given the firm the notice under subsection (5) at that time but takes all reasonable steps to ensure that the notice is complied with 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.