Report SMSF contraventions even if an audit engagement is terminated

If an approved self-managed super fund (SMSF) auditor forms the view that a contravention of the Superannuation Industry (Supervision) Act 1993 (SISA) and/or the accompanying regulations has occurred, may be occurring or may occur, during the course of conducting an audit, section 129 of the SISA requires the auditor to: notify the fund trustees in writing report the contravention to us via an Auditor/actuary contravention report (ACR), provided the reporting criteria is met. Auditors are reminded these reporting obligations exist from the time the auditor is appointed by the SMSF trustees to undertake the annual audit of the fund’s operations, and do not cease simply because an audit engagement is terminated early. This applies whether the engagement is terminated by the trustees or the auditor. Provided the opinion is formed during the course of, or in connection with, the SMSF approved auditor performing their audit functions, section 129 of the SISA will apply. This means if an auditor is appointed to audit an SMSF, and they identify a contravention in the course of undertaking that audit, but their engagement is terminated before they finalise the audit (and give the trustees a report on the fund’s operations), the reporting obligation still exists.

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SPAA Specialist Auditor

SPAA Specialist Auditor

Shiv Parihar is a SMSFA accredited SMSF Specialist Auditor™. He provides SMSF auditing services independently, conflict free and in accordance with professional audit standards.

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