(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;
and
(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.