The following exemptions have been authorised for the preparation, reporting and auditing of financial statements for specified incorporated associations.
Associations must continue to hold their AGM within 6 months of their financial year end date. All financial statements must be prepared as required by the Associations Incorporation Act 2009 and be submitted to members at this meeting. As a Tier 1 association this would include preparing and providing an audit report.
All associations must continue to notify Fair Trading of any changes such as the association’s name, details, constitution or public officer.
Associations registered with the Australian Charities and Not-for-profits Commission
NSW associations also registered with the Australian Charities and Not-for-profits Commission (ACNC) are exempted from the requirement to lodge an Annual summary of financial affairs with NSW Fair Trading provided the following conditions are met:
- the association must comply with the obligations under Division 60 the Australian Charities and Not-for-profits Commission Act 2012 (ACNC Act)
- the association must provide to the ACNC all of the information that it would have been required to provide to Fair Trading under Division 1 or Division 2 of Part 5 of the Associations Incorporation Act 2009
- if information is not included on or is removed from the ACNC Register under section 40-10 of the ACNC Act or ACNC Regulation, then the association must lodge relevant financial reports with Fair Trading
- the association must not report to the ACNC as part of a reporting group under subdivision 60-G of the ACNC Act.
Information is available in Exemption Order No. 001/18 Financial reporting requirements (PDF, 174.2 KB) and the Regulatory Guide A1 (PDF, 368.77 KB)
Qualifications of auditor (Tier 1 associations)
An auditor of a Tier 1 association can be:
- a registered company auditor, or
- an authorised audit company, or
- a member of Chartered Accountants in Australia & New Zealand (CAANZ), or a member of CPA Australia, or a member of the Institute of Public Accountants (IPA, formerly the National Institute of Accountants), and holds a public practice certificate issued by one or more of these bodies.
Fair Trading can approve the appointment of a person or firm as auditor of an association who does not hold any of the above qualifications but who has particular qualifications or experience which may be suitable. Applications for auditor approval must be in writing, set out relevant qualifications and experience, and be accompanied by the prescribed fee.
Auditor independence
An auditor of a Tier 1 association is exempt from the independence requirements of section 52(2) of the Associations Incorporation Act 2009 (the Act) provided that:
- the audit of the association is carried out in accordance with the code of conduct relating to independence in APES 110 Code of Ethics for Professional Accountants issued by the Accounting Professional and Ethics Standards Board, and
- the auditor's report for the financial statements for the association includes an auditor's independence declaration as follows:
- ‘as auditor for the audit of ..... (name of association) for the financial year ended ..... (date), I declare that, to the best of my knowledge and belief, there have been no contraventions of the code of conduct relating to independence in APES 110 Code of Ethics for Professional Accountants issued by the Accounting Professional and Ethical Standards Board’.
More information is available in the Class order 10/02 Auditor independence (PDF, 190.04 KB).
Financial reporting requirements
A Tier 1 association is exempt from the financial reporting requirements of section 43(2) of the Act in relation to application of Australian Accounting Standards where total revenue reported in the income and expenditure statement for a financial year is less than $2,000,000.
The association must meet a minimum range of requirements in preparing the financial statements. Details of these requirements are contained in Class order 11/01 Financial reporting requirements (PDF, 291.77 KB).
Regulatory Guide A1 – Financial Reporting Requirements for a Class of Tier 1 Associations (PDF, 368.77 KB) is available to assist those persons preparing and auditing financial statements for Tier 1 associations that may qualify for the exemption provided in Class Order 11/01.
Generally, Fair Trading will not exempt a Tier 1 association from the financial statement preparation requirements of Class order 11/01.
Tier 1 associations - application for exemption from audit
A Tier 1 association may apply for an exemption from the requirements for the preparation and audit of financial statements.
Applications for audit exemption will be considered, taking into account, but not limited to, the following criteria:
- the nature of the association and its financial transactions
- any other requirement for audit e.g. audit provision in constitution or requirement of other legislation or regulatory agency
- level and nature of transactions and accounts, taking into account variance over Tier 1 thresholds
- quality of financial statements preparation. In particular, recognition and measurement of transactions in accordance with Australian Accounting Standards Board and whether requirements of at least Class order 11/01 have been met
- whether in receipt of grant funding, amount of grant funding and requirement for audit by funding agency
- proportion of assets held as liquid assets
- level of external creditors who may rely on the financial statements
- composition of association membership.
Applications must be in writing and accompanied by the prescribed fee.
Need more information?
Contact Fair Trading
Call: 1800 502 042
Post:
PO Box 22
Bathurst NSW 2795