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ASSOCIATIONS INCORPORATION ACT 1985 - SECT 35

ASSOCIATIONS INCORPORATION ACT 1985 - SECT 35

35—Accounts to be kept

        (1)         A prescribed association must keep its accounting records in such a manner as will enable—

            (a)         the preparation from time to time of accounts that present fairly the results of the operations of the association; and

            (b)         the accounts of the association to be conveniently and properly audited in accordance with this Division.

Maximum penalty: $5 000.

        (2)         A prescribed association must, after the end of a financial year of the association

            (a)         cause accounts in respect of the financial year to be prepared; and

            (b)         cause the accounts to be audited by a registered company auditor, a firm of registered company auditors, a person who is a member of the Australian Society of Certified Practising Accountants or The Institute of Chartered Accountants in Australia or such other person who may be approved by the Commission as an auditor of the accounts of the association for the purposes of this Division; and

            (c)         cause to be attached to the accounts, before the auditor reports on the accounts, a statement made in accordance with a resolution of the committee of the association and signed by two or more members of the committee—

                  (i)         stating whether or not—

                        (A)         the accounts present fairly the results of the operations of the association for the financial year and the state of affairs of the association as at the end of the financial year; and

                        (B)         the committee has reasonable grounds to believe that the association will be able to pay its debts as and when they fall due; and

                  (ii)         giving particulars—

                        (A)         of any body corporate that is a subsidiary of the association within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; and

                        (B)         of any trust of which the association is a trustee.

Maximum penalty: $5 000.

        (3)         A prescribed association will not be taken to have complied with subsection (2) unless the accounts prepared for a financial year are submitted to the auditor in sufficient time to enable the auditor to audit the accounts and furnish a report in respect of the accounts in accordance with section 37(3).

        (4)         A person who is—

            (a)         an officer; or

            (b)         a partner, employer or employee of an officer; or

            (ba)         an employee; or

            (c)         a partner or employee of an employee,

of a prescribed association, may not be appointed as auditor of the accounts of the association for the purposes of this section.

        (5)         The committee of a prescribed association must cause a report of the committee to be made in accordance with a resolution of the committee and signed by two or more members of the committee, stating in relation to each officer of the association

            (a)         whether or not, during the financial year to which the accounts relate—

                  (i)         the officer; or

                  (ii)         a firm of which the officer is a member; or

                  (iii)         a body corporate in which the officer has a substantial financial interest,

has received or become entitled to receive a benefit as a result of a contract between the officer, firm or body corporate and the association, and if so the general nature of the benefit;

            (b)         whether or not, during the financial year to which the accounts relate, the officer has received directly or indirectly from the association any payment or other benefit of a pecuniary value, and if so the general nature and extent of that benefit.

        (6)         The committee of a prescribed association that has members must cause—

            (a)         the audited accounts including the statement prepared in accordance with subsection (2)(c); and

            (b)         the auditor's report on those accounts; and

            (c)         the report of the committee prepared in accordance with subsection (5),

to be laid before the members of the association at the annual general meeting of the association or, if an annual general meeting is not to be held, within five months of the end of the financial year to which the accounts relate.

        (7)         A member of the committee of an association who fails to take all reasonable steps to comply with or secure compliance with this section is guilty of an offence.

Maximum penalty:

            (a)         if the offence is committed with intent to deceive or defraud the association, creditors of the association or creditors of any other person or for any fraudulent purpose—$20 000 or imprisonment for four years; or

            (b)         in any other case—$5 000.