Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 328B

             (1)  Subject to this section, a company may appoint an individual, firm or company as auditor of the company at its AGM only if a member of the company gives the company written notice of the nomination of the individual, firm or company for appointment as auditor:

                     (a)  before the meeting was convened; or

                     (b)  not less than 21 days before the meeting.

This subsection does not apply if an auditor is removed from office at the AGM.

             (2)  If a company purports to appoint an individual, firm or company as auditor of the company in contravention of subsection (1):

                     (a)  the purported appointment is of no effect; and

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

             (3)  If a member gives a company notice of the nomination of an individual, firm or company for appointment as auditor of the company, the company must send a copy of the notice to:

                     (a)  each individual, firm or company nominated; and

                     (b)  each auditor of the company; and

                     (c)  each person entitled to receive notice of general meetings of the company.

This is so whether the appointment is to be made at a meeting or an adjourned meeting referred to in section 327D or at an AGM.

             (4)  The copy of the notice of nomination must be sent:

                     (a)  not less than 7 days before the meeting; or

                     (b)  at the time notice of the meeting is given.