Section 250RA — Corporations Act 2001: Auditor required to attend listed company’s AGM

Contravention by individual auditor (1) If a listed company’s auditor for a financial year is an individual auditor, the auditor contravenes this subsection if: (a) the auditor does not attend the company’s AGM at which an auditor’s report for that financial year is considered; and (b) the auditor does not arrange to be represented, at that AGM, by a person who: (i) is a suitably qualified member of the audit team that conducted the audit; and (ii) is in a position to answer questions about the audit. (2) An offence based on subsection (1) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Contravention by lead auditor (3) A person contravenes this subsection if: (a) a listed company’s auditor for a financial year is an audit firm or an audit company; and (b) the person is the lead auditor for the audit; and (c) the person is not represented, at the AGM at which an auditor’s report for that financial year is considered, by a person who: (i) is a suitably qualified member of the audit team that conducted the audit; and (ii) is in a position to answer questions about the audit. (4) An offence based on subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code.