(1) A futures broker may, with the consent of ASIC, remove an auditor of the broker from office. (2) An auditor of a futures broker may, by notice in writing given to the broker, resign as auditor of the broker if:
(3) ASIC must, as soon as practicable after receiving a notice from an auditor under subsection (2), notify the auditor and the futures broker whether it consents to the resignation of the auditor. (4) A statement made by an auditor in an application to ASIC under subsection (2) or in answer to an inquiry by ASIC relating to the reasons for the application:
(5) Subject to subsection (6), the resignation of an auditor takes effect:
(6) Where, on the retirement or withdrawal from a firm of a member, the firm will no longer be capable, by reason of the provisions of paragraph 1215(3)(d), of acting as auditor of a futures broker, the member so retiring or withdrawing is, if not disqualified from acting as auditor of the broker, taken to be the auditor of the broker until the member obtains the consent of ASIC to the retirement or withdrawal. (7) This section does not apply in relation to a body corporate (except a proprietary company) in relation to which section 329 applies.