Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 328A

             (1)  A company, the directors of a company or the responsible entity of a registered scheme must not appoint an individual, firm or company as auditor of the company unless that individual, firm or company:

                     (a)  has consented, before the appointment, to act as auditor; and

                     (b)  has not withdrawn that consent before the appointment is made.

For the purposes of this section, a consent, or the withdrawal of a consent, must be given by written notice to the company, the directors or the responsible entity of the scheme.

             (2)  A notice under subsection (1) given by a firm must be signed by a member of the firm who is a registered company auditor both:

                     (a)  in the firm name; and

                     (b)  in his or her own name.

             (3)  A notice under subsection (1) given by a company must be signed by a director or senior manager of the company both:

                     (a)  in the company's name; and

                     (b)  in his or her own name.

             (4)  If a company, the directors of a company or the responsible entity of a registered scheme appoints an individual, firm or company as auditor of a company in contravention of subsection (1):

                     (a)  the purported appointment does not have any effect; and

                     (b)  the company or responsible entity, and any officer of the company or responsible entity who is in default, are each guilty of an offence.