Director may request accounts to be audited
47 Director may request accounts to be audited
The Director may request from any trustee of a patriotic fund that an auditor's report on the accounts and records kept in relation to the patriotic fund be submitted to the Director as at a date specified by the Director.
A trustee of a patriotic fund must comply with a request under subsection (1).
- 50 penalty units.
The report must be prepared by—
a registered company auditor within the meaning of the Corporations Act; or
a person approved by the Director in writing for the purposes of this section.
The report must contain the auditor's opinion on—
whether the money received as a result of the patriotic fund has been properly accounted for and applied; and
whether the records and accounts in respect of the patriotic fund have been properly kept in accordance with this Act; and
whether the accounts show a true and fair view of the income and expenditure relating to the patriotic fund.
The Director—
must allow the trustee to whom the demand is made a reasonable amount of time to comply with the request; and
is not liable for any costs in relation to the audit.
If—
the report of an auditor under this section states that a trustee may have committed an offence; and
that trustee is prosecuted for the offence and a Court finds the person guilty of, or convicts the person of, the offence—
the Court may, on the application of the person who paid for the auditor's report, order the offender to pay to the applicant the costs of the report.
Sections 86(2), 86(3), 86(4), 86(5), 86(6), 86(7) and 87 of the Sentencing Act 1991 apply to subsection (6) as if a reference in those sections to an order made under section 86(1) of that Act were a reference to an order made under subsection (6).
A receipt for the payment of the costs of an auditor's report that purports to be signed by, or on behalf of, the person responsible for the audit is evidence of the cost of the report.
This Act’s bill:Explanatory memorandumSecond reading speech
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