(1) Where an auditor, in the performance of the duties of auditor of a
futures broker, becomes aware of a prescribed matter, the auditor must, within
7 days after becoming aware of that matter, lodge a written report on the
matter and send a copy of the report to:
- (a)
- the broker; and
- (b)
- each futures exchange of which the broker is a member and to each clearing
house (if any) for that futures exchange; and
- (c)
- each futures association of which the broker is a member, unless the
futures association is also a futures exchange of which the broker is a
member.
(2) In this section, prescribed matter means a matter that, in the opinion of
the auditor:
- (a)
- has adversely affected, is adversely affecting, or may
adversely affect, the ability of the futures broker to meet the broker's
obligations as a broker; or
- (b)
- constitutes or may constitute a contravention of section 1209, 1213
or 1214; or
- (c)
- constitutes or may constitute a contravention of a condition of a licence
held by the futures broker.