Section 990K — Corporations Act 2001: Auditor to report on certain matters

(1) If an auditor, in the performance of duties as auditor of the licensee, becomes aware of a matter referred to in subsection (2), the auditor must, within 7 days after becoming aware of the matter, lodge a written report on the matter with ASIC in a prescribed form and send a copy of the report to the licensee, and to each licensed market (if any) and each licensed CS facility (if any) in which the licensee is a participant. Note: Failure to comply with this section is an offence (see subsection 1311(1)). (2) A report must be given in relation to any matter that, in the opinion of the auditor: (a) has adversely affected, is adversely affecting or may adversely affect the ability of the licensee to meet the licensee’s obligations as a licensee; or (b) constitutes or may constitute a contravention of: (i) a provision of Subdivision A or B of Division 2 (or a provision of regulations made for the purposes of such a provision); or (ii) a provision of Division 3 (or a provision of regulations made for the purposes of such a provision); or (iii) a provision of Subdivision B or C of this Division (or a provision of regulations made for the purposes of such a provision); or (iv) a condition of the licensee’s licence; or (c) constitutes an attempt to unduly influence, coerce, manipulate or mislead the auditor in the conduct of the audit.