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Has an auditor contravened subsection 113(4) of the Superannuation Industry (Supervision) Act 1993 (SISA) by providing an audit report to the trustee of a Self Managed Superannuation Fund (SMSF) more than nine months after the end of the year of income to which the report relates?

Yes. The auditor has contravened subsection 113(4) of the SISA by failing to provide the audit report within the period specified in paragraph 8.03(a) of the Superannuation Industry (Supervision) Regulations (SISR).

The auditor has provided an audit report to the trustees thirteen months after the end of the year of income to which it relates.

Section 113 of the SISA provides that for each year of income, the trustee of a superannuation entity must appoint an approved auditor to give the trustee a report, in the approved form, of the operations of the entity for that year.

Under subsection 113(1) of the SISA the appointment must be made within whichever of the periods specified in the regulations that apply to the entity.

Under subsection 113(4) of the SISA, the auditor, once appointed, must give the report to the trustee within the specified period after the end of the year of income. The period for a SMSF is specified in paragraph 8.03(a) of the SISR, which requires the report to be provided to the trustee, within nine months after the year of income to which it relates.