Issue
Has an auditor contravened subsection 113(4) of the Superannuation Industry (Supervision) Act 1993 (SISA) by failing to provide an audit report to the trustee of a Self Managed Superannuation Fund (SMSF) within the period specified in paragraph 8.03(a) of the Superannuation Industry (Supervision) Regulations (SISR).
Decision
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).
Facts
The auditor has provided an audit report to the trustee, later than the day before the day prescribed by section 36A of the SISA for lodgement of the fund's annual return.
Reasons for Decision
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, on 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 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 the period ending on the day before the day, prescribed in section 36A of the SISA, to which the year of income relates.
Accordingly the auditor has contravened subsection 113(4) of the SISA by failing to provide the audit report within the period required by the SISR.