Document ID: chunk:federal_register_of_legislation:C2004A01334:clause:1_331aaa:p1
Version: federal_register_of_legislation:C2004A01334
Segment Type: clause
Provision Reference: sch 1 cl 331AAA (pt 1/2)
Character Range: 187818–190511

331AAA  Registered scheme auditor (initial appointment of auditor)

 (1) The responsible entity of a registered scheme must appoint an auditor of the registered scheme within 1 month after the day on which the scheme is registered.

 (2) An auditor appointed under subsection (1) holds office until the auditor:
 (a) dies; or
 (b) is removed, or resigns, from office in accordance with section 331AC; or
 (c) ceases to be capable of acting as an auditor because of Division 2 of this Part; or
 (d) ceases to be auditor under subsection (2A), (2B) or (2C).

 (2A) An individual auditor ceases to be auditor of a registered scheme 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 scheme under subsection 324CA(1A); or
 (ii) informs ASIC of particular circumstances in relation to the scheme under subsection 324CE(1A); and
 (b) the individual auditor does not give ASIC a notice, before the notification day (see subsection (2D)), 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 from the start day.

 (2B) An audit firm ceases to be auditor of a registered scheme 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 scheme under subsection 324CB(1A); or
 (ii) informed of particular circumstances in relation to the scheme 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 (2D)), 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 from the start day.

 (2C) An audit company ceases to be auditor of a registered scheme 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 scheme under subsection 324CB(1A) or 324CC(1A); or
 (ii) informed of particular circumstances in relation to the scheme 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 (2D)), 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 from the start day.

 (2D) The notification day is:
 (a) the last day of the remedial period; or
 (b) such later day as ASIC approves in writing (whether before or after the