Western Australian Current Acts

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83 .         Reporting breaches of Act to Commissioner

        (1)         If —

            (a)         a reviewer or auditor conducting a review or audit of the financial statements or the financial report of an incorporated association under this Part is aware of circumstances that —

                  (i)         the reviewer or auditor has reasonable grounds to suspect amount to a contravention of this Part; or

                  (ii)         amount to an attempt, in relation to the review or audit, by any person to unduly influence, coerce, manipulate or mislead a person involved in the conduct of the review or audit; or

                  (iii)         amount to an attempt, by any person, to otherwise interfere with the proper conduct of the review or audit;


            (b)         if paragraph (a)(i) applies —

                  (i)         the contravention is a significant one; or

                  (ii)         if the contravention is not a significant one and the reviewer or auditor believes that the contravention has not been or will not be adequately dealt with by commenting on it in the reviewer’s or auditor’s report or bringing it to the attention of the management committee of the incorporated association,

                the reviewer or auditor must notify the Commissioner in writing of those circumstances as soon as practicable, and in any case within 28 days, after the auditor becomes aware of those circumstances.

        Penalty: a fine of $5 500.

        (2)         In determining for the purposes of subsection (1) whether a contravention of this Act is a significant contravention, regard must be had to the following —

            (a)         the level of penalty provided for in relation to the contravention;

            (b)         the effect that the contravention has, or may have, on the following —

                  (i)         the overall financial position of the incorporated association;

                  (ii)         the adequacy of the information available about the overall financial position of the incorporated association;

                  (iii)         any other relevant matter.

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