New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 116

116 Duties of auditors

(1) An auditor appointed to make an audit for the purposes of this Division must provide a copy of the report on the audit to the Secretary--

(a) in the form and way approved by the Secretary (if any), and

(b) within 14 days after providing the report to the licensee.

(1A) If the auditor discovers any of the following in the course of making the audit, the auditor must fully set out the facts discovered in the report--

(a) a contravention of this Act or the regulations has been committed,

(b) a discrepancy relating to the trust money to which the audit relates,

(c) the records or documents concerned are not kept in such a way as to enable them to be properly audited.

(2) An auditor, or an assistant of an auditor, appointed to make an audit for the purposes of this Division must not communicate any matter which may come to the auditor's knowledge in the course of the audit to any person except--

(a) in the course of the auditor's duties as an auditor or assistant of an auditor, or

(b) in accordance with this section, or

(c) in the like circumstances and to the like extent as an employee of the Department is permitted under this Act to publish that information.

(4) An auditor must not fail without reasonable excuse (proof of which lies on the auditor) to comply with a requirement under this section.

: Maximum penalty--50 penalty units.