Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p122
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 122/175)
Character Range: 480457–483191

any offence; or
 (b) widen, or have the effect of widening, the scope of any offence.
 (4) In this Act:
Corporations Act auditor independence provisions means:
 (a) Division 3 of Part 2M.4 of the Corporations Act; and
 (b) the provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3 but not including Parts 1.1, 1.1A and 9.4A) to the extent to which they relate to the operation of Part 2M.4 of that Act; and
 (c) the regulations made under that Act for the purposes of Part 2M.4 of that Act and the provisions referred to in paragraph (b).

339‑80  Independence of auditors: alternative independence requirements
 (1) This section applies in relation to the audit of a financial report of an Aboriginal and Torres Strait Islander corporation if section 339‑75 does not apply to the audit.
 (2) The regulations may provide for auditor independence requirements to be met in relation to the audit.
 (3) Without limiting subsection (2), the regulations may:
 (a) specify as a requirement that a person comply with any applicable code of professional conduct in relation to the audit; or
 (b) provide that a person commits an offence in particular circumstances if the auditor independence requirements are not met.
 (4) Regulations made for the purposes of paragraph (3)(b) must not prescribe penalties exceeding 50 penalty units for contraventions of the regulations.

Subdivision 339‑E—Auditor's powers and duties

339‑85  Auditor's power to obtain information
  The auditor:
 (a) has a right of access at all reasonable times to the books of the corporation; and
 (b) may require any officer to give the auditor information, explanations or other assistance for the purposes of the audit.
A request under paragraph (b) must be a reasonable one.

339‑90  Reporting to the Registrar

Contravention by individual auditor
 (1) If the auditor is an individual, the auditor commits an offence if:
 (a) the auditor is aware of circumstances that:
 (i) the auditor has reasonable grounds to suspect amount to a contravention of this Act; or
 (ii) amount to an attempt, in relation to the audit, by any person to unduly influence, coerce, manipulate or mislead a person involved in the conduct of the audit (see subsection (6)); or
 (iii) amount to an attempt, by any person, to otherwise interfere with the proper conduct of the audit; and
 (b) if subparagraph (a)(i) applies:
 (i) the contravention is a significant one; or
 (ii) the contravention is not a significant one and the auditor believes that the contravention has not been or will not be adequately dealt with by commenting on it in the auditor's report or bringing it to the attention of the directors; and
 (c) the auditor does not notify the Registrar in writing of