Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 324CD

  (1)   For the purposes of sections   324CA, 324CB and 324CC, a conflict of interest situation exists in relation to an audited body at a particular time if, because of circumstances that exist at that time:

  (a)   the auditor, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the audit of the audited body; or

  (b)   a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the auditor, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the audit of the audited body.

  (2)   Without limiting subsection   (1), have regard to circumstances arising from any relationship that exists, has existed, or is likely to exist, between:

  (a)   the individual auditor; or

  (b)   the audit firm or any current or former member of the firm; or

  (c)   the audit company, any current or former director of the audit company or any person currently or formerly involved in the management of the audit company;

and any of the persons and bodies set out in the following table:

Note:   This subsection applies in relation to retail CCIVs in a modified form: see section   1232N.

Note:   This Subdivision applies in relation to retail CCIVs in a modified form: see section   1232P.