Kelly O'Dwyer (Higgins, Liberal Party, Minister for Small Business) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

Today, I introduce a bill which will ensure the ongoing validity of certain auditor registrations from December 2005.

Government regulation of company auditors requires minimum standards of both competence and integrity to help protect investors and other users of financial reports.

This is an important part of a robust financial reporting and auditing framework. Audit quality and independence is important to ensuring the integrity of financial statements. Transparent and credible financial reporting, coupled with an effective audit regime, underpins confidence in our financial system and is essential for sound and sustainable economic growth.

The bill remedies the legal uncertainty surrounding the Australian Securities and Investments Commission's approval in November 2004 of an auditing competency standard produced by CPA Australia and the Institute of Chartered Accountants in Australia, now known as Chartered Accountants Australia and New Zealand.

In November 2004 certain administrative requirements which legislation required be followed in relation to ASIC's approval were not met. After 1 December 2005 the legal validity of auditors registered in reliance on that standard has been uncertain.

The bill remedies this uncertainty by retrospectively validating the registration of auditors registered under the relevant audit standard. It provides a clear and permanent legislative solution to an issue that has so far been dealt with through a solution that must be periodically renewed. In doing so it reduces compliance costs and increases certainty for business.

The retrospective effect of the amendments will not add any new regulatory requirement. Rather, the retrospective effect of the amendments is necessary to ensure that decisions and actions taken by auditors, ASIC and business which relied upon the enforceability and integrity of the approval are valid. The retrospective operation of the bill provides certainty for those past decisions and actions.

The bill will commence the day after the bill receives royal assent.

Finally, the Legislative and Governance Forum on Corporations was consulted in relation to the amendments and has approved them as required under the Corporations Agreement 2002.

Debate adjourned.