(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 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.