THE CORPORATIONS LAW

CHAPTER 5C - MANAGED INVESTMENT SCHEMES

PART 5C.4 - THE COMPLIANCE PLAN

SECTION 601HH   REMOVAL AND RESIGNATION OF AUDITORS  

601HH(1)  Removal of auditor by responsible entity.  

The responsible entity:

(a)  must remove the auditor of the compliance plan if the auditor becomes ineligible under subsection 601HG(2) to act as auditor of the compliance plan; and

(b)  may, with ASIC's consent, remove the auditor of the compliance plan.

601HH(2)  Resignation of auditor.  

The auditor of the compliance plan may resign by written notice to the responsible entity if:

(a)  the auditor:

(i) applies to ASIC in writing for its consent to the resignation; and

(ii) gives the responsible entity written notice of the application at or about the same time as applying to ASIC; and

(b)  ASIC consents to the resignation.

601HH(3)  [Notification]  

As soon as practicable after receiving the application, ASIC must notify the auditor and the responsible entity whether it consents to the resignation.

601HH(4)  [Admissibility of statement]  

A statement by the auditor in the application or in answer to an inquiry by ASIC relating to the reasons for the application:

(a)  is not admissible in evidence in any civil or criminal proceedings in a court of this jurisdiction against the auditor (other than proceedings for a contravention of section 1308); and

(b)  may not be made the ground of a prosecution (other than a prosecution for a contravention of section 1308), action or suit against the auditor.

A certificate by ASIC that the statement was made in the application, or in answer to an inquiry by ASIC, is conclusive evidence that the statement was so made.

601HH(5)  [When resignation takes effect]  

The auditor's resignation takes effect on the later of:

(a)  the day (if any) specified in the notice of resignation; or

(b)  the day ASIC consents to the resignation; or

(c)  the day (if any) fixed by ASIC for the purpose.