144Powers and duties of auditor

#### 144 Powers and duties of auditor 144 Powers and duties of auditor > > (1) An auditor of a society has a right of access at all reasonable times to the accounting records and other records and registers of the society. > > > (2) The auditor is entitled to require from any officer of the society any information and explanation that the auditor requires for the audit. > > > (3) An auditor of a holding society for which group accounts are required has a right of access at all reasonable times to the accounting records and other records and registers of each entity that the society controlled during all or part of, or at the end of, any relevant financial year even if the holding society no longer controls the entity. > > > (4) The auditor is entitled to require from any officer or auditor of any entity controlled by the holding society, at the expense of the holding society, any information and explanation in relation to the affairs of the entity that the auditor requires for the purpose of reporting on the group accounts. > > > (5) An auditor of a society, or an agent authorised by the auditor in writing for the purpose— > > > > > (a) is entitled to attend any general meeting of the society, and > > > > > (b) is entitled to receive all notices of, and other communications relating to, any general meeting that a member is entitled to receive, and > > > > > (c) is entitled to be heard at any general meeting that he or she attends on any part of the business of the meeting that concerns the auditor in the capacity of auditor, and > > > > > (d) is entitled so to be heard even though— > > > > > > > (i) the auditor retires at that meeting, or > > > > > > > (ii) a resolution to remove the auditor from office is passed at that meeting. > > > (6) If an auditor becomes aware that the society or the directors has or have not complied with section 109 (Annual general meeting), or the provisions of section 135 (Accounts and reports to be laid before annual general meeting) relating to the laying of accounts or group accounts before the annual general meeting of the society, the auditor must immediately inform the Registrar by written notice and, if accounts or group accounts have been prepared and audited, send to the Registrar a copy of the accounts or group accounts and of the auditor’s report on the accounts or group accounts. > > > (7) Except in a case to which subsection (6) applies, if an auditor, while performing duties as auditor of a society, is satisfied that— > > > > > (a) there has been a contravention of this Act, and > > > > > (b) the circumstances are such that, in the auditor’s opinion, the matter has not been, or will not be, adequately dealt with by comment in his or her report on the accounts or group accounts or by bringing the matter to the notice of the directors of the society, > > > > the auditor must immediately report the matter to the Registrar by written notice. > > > (8), (9) (Repealed) > > > (10) In addition to any other report that an auditor, or former auditor, of a society is required to give to the Registrar, an auditor, or former auditor, of a society must give to the Registrar any report in relation to the affairs of the society that the Registrar requires and the auditor, or former auditor, is able to give. > > > (11) An auditor, or former auditor, of a society who contravenes this section commits an offence. > > > > Maximum penalty (subsection (11)): 20 penalty units. > > **s 144:** Am 2016 No 27, Sch 1.9 \[18\].