Qualified privilege for auditor etc
105 Qualified privilege for auditor etc
Qualified privilege for auditor
The auditor has qualified privilege in relation to:
a statement that the auditor makes, orally or in writing, in the course of its duties relating to the audit report; or
the lodging of a report with ASIC under subsection 104(1); or
the giving of a report to the licensee under subsection 104(1).
If the auditor is a company, the company has qualified privilege under this subsection in relation to statements made, and reports lodged or sent, by natural persons on behalf of the company if those statements and notices can be properly attributed to the company.
Qualified privilege for registered company auditor acting on behalf of company
If the auditor is a company registered under the Corporations Act 2001, a registered company auditor acting on behalf of the company has qualified privilege in relation to:
a statement that the registered company auditor makes (orally or in writing) in the course of the performance, on behalf of the company, of the company’s duties relating to the audit report; or
the lodging by the registered company auditor, on behalf of the company, of a report with ASIC under subsection 104(1); or
the giving by the registered company auditor, on behalf of the company, of a report to the licensee under subsection 104(1).
Qualified privilege for subsequent publication
A person has qualified privilege in relation to the publishing of a document prepared by the auditor in the course of the auditor’s duties relating to the audit report.
A person has qualified privilege in relation to the publishing of a statement:
made by the auditor as referred to in subsection (1); or
made by a registered company auditor as referred to in subsection (2).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.