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CORPORATIONS ACT 2001 - SECT 324BF

Eligibility requirements for auditors of registrable superannuation entities

  (1)   An individual contravenes this section if:

  (a)   the individual:

  (i)   consents to be appointed as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (ii)   acts as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (iii)   prepares a report required by this Act to be prepared by an auditor of a registrable superannuation entity; and

  (b)   the person:

  (i)   does not meet the eligibility criteria for auditors of registrable superannuation entities (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) set out in the prudential standards (within the meaning of that Act); or

  (ii)   has been disqualified from being, or acting as, an auditor of a registrable superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) under section   130D of that Act; or

  (iii)   is a member or employee of a firm that is disqualified under section   130EA of the Superannuation Industry (Supervision) Act 1993 ; or

  (iv)   is a director or employee of a company that is disqualified under section   130EA of the Superannuation Industry (Supervision) Act 1993 .

  (2)   A company contravenes this section if:

  (a)   the company:

  (i)   consents to be appointed as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (ii)   acts as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (iii)   prepares a report required by this Act to be prepared by an auditor of a registrable superannuation entity; and

  (b)   the company is disqualified under section   130EA of the Superannuation Industry (Supervision) Act 1993 .

  (3)   A member of a firm contravenes this section if:

  (a)   the firm:

  (i)   consents to be appointed as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (ii)   acts as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (iii)   prepares a report required by this Act to be prepared by an auditor of a registrable superannuation entity; and

  (b)   the firm is disqualified under section   130EA of the Superannuation Industry (Supervision) Act 1993 .

  (4)   A company contravenes this section if:

  (a)   the company:

  (i)   consents to be appointed as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (ii)   acts as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (iii)   prepares a report required by this Act to be prepared by an auditor of a registrable superannuation entity; and

  (b)   the lead auditor for an audit of a registrable superannuation entity conducted by the company:

  (i)   does not meet the eligibility criteria for auditors of registrable superannuation entities (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) set out in the prudential standards (within the meaning of that Act); or

  (ii)   has been disqualified from being, or acting as, an auditor of a registrable superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) under section   130D of that Act.

  (5)   A member of a firm contravenes this section if:

  (a)   the firm:

  (i)   consents to be appointed as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (ii)   acts as auditor of a registrable superannuation entity for the purposes of this Chapter; or

  (iii)   prepares a report required by this Act to be prepared by an auditor of a registrable superannuation entity; and

  (b)   the lead auditor for an audit of a registrable superannuation entity conducted by the firm:

  (i)   does not meet the eligibility criteria for auditors of registrable superannuation entities (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) set out in the prudential standards (within the meaning of that Act); or

  (ii)   has been disqualified from being, or acting as, an auditor of a registrable superannuation entity (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) under section   130D of that Act.


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