Document ID: chunk:federal_register_of_legislation:C2017A00017:clause:2_328e:p1
Version: federal_register_of_legislation:C2017A00017
Segment Type: clause
Provision Reference: sch 2 cl 328E (pt 1/2)
Character Range: 77731–80400

328E  Crowd‑sourced funding—period of office
 (1) This section applies to an auditor appointed as auditor of a company, if the company was covered under section 738ZI at the time the auditor was appointed.
Note: This section applies to an auditor appointed under section 327C, 327D, 327E, 327F or 328D if the company was covered under section 738ZI at the time the auditor was appointed.
 (2) The auditor holds office until the auditor:
 (a) dies; or
 (b) is removed, or resigns, from office in accordance with section 329; or
 (c) ceases to be capable of acting as auditor because of Division 2 of this Part; or
 (d) ceases to be auditor under subsection (3), (4) or (5);
unless the company's first AGM occurs first.
 (3) An individual auditor ceases to be auditor of a company under this subsection if:
 (a) on a particular day (the start day), the individual auditor:
 (i) informs ASIC of a conflict of interest situation in relation to the company under subsection 324CA(1A); or
 (ii) informs ASIC of particular circumstances in relation to the company under subsection 324CE(1A); and
 (b) the individual auditor does not give ASIC a notice, before the notification day (see subsection (6) of this section), that that conflict of interest situation has, or those circumstances have, ceased to exist before the end of the period (the remedial period) of 21 days, or such longer period as ASIC approves in writing, from the start day.
 (4) An audit firm ceases to be auditor of a company under this subsection if:
 (a) on a particular day (the start day), ASIC is:
 (i) informed of a conflict of interest situation in relation to the company under subsection 324CB(1A); or
 (ii) informed of particular circumstances in relation to the company under subsection 324CF(1A); and
 (b) ASIC has not been given a notice on behalf of the audit firm, before the notification day (see subsection (6) of this section), that that conflict of interest situation has, or those circumstances have, ceased to exist before the end of the period (the remedial period) of 21 days, or such longer period as ASIC approves in writing, from the start day.
 (5) An audit company ceases to be auditor of a company under this subsection if:
 (a) on a particular day (the start day), ASIC is:
 (i) informed of a conflict of interest situation in relation to the company under subsection 324CB(1A) or 324CC(1A); or
 (ii) informed of particular circumstances in relation to the company under subsection 324CF(1A) or 324CG(1A) or (5A); and
 (b) ASIC has not been given a notice on behalf of the audit company, before the notification day (see subsection (6) of this section), that that conflict of