Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_41:p2
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 41 (pt 2/2)
Character Range: 107717–109247

to keep the manager's accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.
 (4) The auditor must attach to the auditor's statement a copy of the manager's notice delivered to the auditor under subclause 42(1).
 (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.
 (6) If the auditor in the course of auditing the manager's accounts and records discovers:
 (a) that they are not kept in a manner that enables them to be properly audited; or
 (b) a matter that appears to the auditor to involve dishonesty or a breach of the law by the manager; or
 (c) a loss or deficiency of trust money or a failure to pay or account for trust money; or
 (d) a failure to comply with this Act;
the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.
Maximum penalty: 5 penalty units.
 (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:
 (a) bringing the discovery to the attention of the manager or body corporate will adequately deal with the matter; and
 (b) the loss, deficiency or failure does not involve dishonesty or a breach of the law.
 (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.