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2004-05 FRC Activity Stocktake Against Agreed Functions

(‘Section’ refers to provisions in the Australian Securities and Investments Commission Act 2001)

Functional requirement

Section

Point

How addressed

1. General functions

     

Providing broad oversight of the process for setting accounting and auditing standards and ministerial reports.

s225 (1) (a)(b)

1.1

Broad oversight of the process for setting auditing standards is a new function of the FRC from 1 July 2004 under the Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (CLERP 9 Act).

The FRC has overseen the accounting and auditing standard setting arrangements by appointing members (other than the Chairmen, who are appointed by the Treasurer) to the Australian Accounting Standards Board (AASB) and the Australian Auditing and Assurance Standards Board (AUASB); approving and monitoring AASB and AUASB priorities, business plans, budget and staffing arrangements; determining the broad strategic directions of the AASB and the AUASB; providing directions, advice or feedback on matters of general policy and its procedures to the AASB and the AUASB; and monitoring the effectiveness of the AASB and the AUASB consultative arrangements.

Monitoring the effectiveness of auditor independence requirements in Australia

s225(1)(c)

1.2

1.2a

1.2b

To facilitate the performance of its auditor independence functions, the FRC established an Auditor Independence Subcommittee (under the Chairmanship of Ms Elizabeth Alexander AM) which met on eight occasions during 2004-05. In addition, the FRC appointed a consultant (Mr William Bartlett) to assist it perform the function.

At the start of 2004-05, the FRC signed MOUs with the three professional accounting bodies, ASX, APRA and ASIC and exchanged letters of understanding with the CALDB (collectively, the MOU bodies) for the purpose of facilitating the exchange of information between the MOU bodies and the FRC.

During the second half of 2004-05, the consultant and representatives of the Subcommittee met with the MOU bodies, the big 4 accounting firms and one mid-tier firm, to obtain information about the manner in which they are regulating, or ensuring compliance with, the requirements of the Corporations Act.

Required reports

s225(1)(d)

1.3

1.4

The FRC and AASB Annual Reports for 2003-04, including the relevant accounts, were forwarded to the responsible minister (the Treasurer) in October 2004 and tabled in accordance with requirements. For 2004-05, the Annual Report publication will incorporate reports for the FRC, the AASB, the AUASB and the FRC auditor independence oversight function.

The draft Annual Report will be presented to the FRC meeting on 16 September 2005, to facilitate finalisation in accordance with the legislative requirements. The FRC consultant on auditor independence has been closely involved with production of the report on the FRC’s auditor independence oversight function.

Establishing appropriate consultative mechanisms

s225(1)(f)

1.5

1.6

1.7

1.8

1.9

1.10

1.11

During 2004-05 the FRC Chairman has had an active role in conveying to the public key FRC decisions, including by approving Bulletins for publication and speaking at various fora including conferences and meetings. The FRC Chairman met with the professional accounting bodies, regulatory bodies including ASIC and APRA, and other stakeholders including the Group of 100. In March 2005 the Chairman spoke at the Third New Zealand IFRS Summit in Auckland.

For all FRC meetings, members receive advanced copies of all FRC agenda papers, which are sent one week prior to the meeting. Members of the FRC have been able to provide the meeting with an update of issues of interest of their respective stakeholders via a standing agenda item.

As indicated under item 1.5, the FRC Chairman met with various stakeholders during the year and conveyed the results of those meetings to the Council.

Bulletins reporting on the main outcomes of each of the four FRC meetings held in 2004-05 were posted on the FRC website within a few days of the meeting. Simultaneously, the FRC minutes from the previous FRC meeting were posted on the FRC website.

FRC meetings are restricted to FRC members and invited guests only, as agreed by the FRC. During 2004-05, the FRC undertook a review of operations which considered the appropriateness of opening meetings to the public. The FRC decided to maintain the current policy of meeting in closed session..

Guests invited to FRC meetings included representatives from the IASB, APRA, and the New Zealand ASRB and FRSB.

Mr Bill Bartlett was engaged by the FRC to assist it in carrying out its auditor independence functions. Mr Bartlett, who is a former partner of accounting firm Ernst & Young, has spent 35 years working in the accounting field, including as auditor of a number of firms in the financial services industry. In carrying out his duties, Mr Bartlett attended meetings with a range of stakeholders with whom the FRC had signed memoranda of understanding on the respective roles in monitoring auditor independence.

The FRC also decided to appoint a consultant to advise it on the international use of sector neutral accounting standards. The appointment was progressed but not finalised in 2004-05.

On the recommendation of the Trans-Tasman Accounting Standards Advisory Group, the FRC appointed the Chair of New Zealand’s FRSB, Ms Joanna Perry, to the AASB. Also on the recommendation of the Trans-Tasman Accounting Standards Advisory Group, the FRC agreed to provide funds to assist with the running of a regional policy forum on IFRS, to be held in October 2005.

Report for ministerial direction

s225(1)(h)

1.12

On 9 December 2004 the FRC Chairman wrote to the Treasurer updating him on the implementation of International Financial Reporting Standards (IFRS) in Australia, including emerging issues of which the Council had become aware.

2. Specific accounting standards functions

     

Appointing AASB members

s225(2)(a)

2.1

2.2

The FRC Nominations Committee met five times during 2004-05 and recommended the appointment and/or reappointment of six members to the AASB. Five of the appointments arose directly from public advertisements placed in the major newspapers in October 2004, while the sixth one arose from an unexpected vacancy and was filled following expressions of interest gathered from relevant stakeholders. A further appointment was made to the AASB on the advice of the Trans-Tasman Accounting Standards Advisory Group. The Nominations Committee reported on the performance review of the AASB at the FRC meeting held on 6 December 2004.

The FRC agreed to all the nominations to the AASB recommended by the Nominations Committee.

Approving and monitor AASB priorities, business plan, budget and staffing arrangements.

s225(2)(b)

2.3

2.4

2.5

One meeting of the FRC Audit Committee was held in August 2004. Subsequently, following the consideration of legal advice from the Australian Government Solicitor, the FRC agreed to reconstitute its Audit Committee as the FRC Finance Committee and, to meet the requirements of the Commonwealth Authorities and Companies Act, to establish a separate audit committee for the AASB. The FRC Finance Committee and the AASB Audit Committee, which have common membership and meet concurrently, held four meetings during 2004-05.

The Committees reviewed the 2004-05 budgets of the FRC and AASB in November 2004 and March 2005, with the revised budgets being approved by the FRC in December 2004 and April 2005 respectively.

The Committees considered the draft 2005-06 budget of the FRC and the priorities, business plan, budget and staffing arrangements of the AASB during May and June 2005, with the documents subsequently being approved by the FRC at its meeting on 1 July 2005.

    - Standing FRC item on AASB

 

2.6

The AASB Chairman provided an update on the progress of AASB activities and work priorities at each FRC meeting.

    - Half-yearly report from AASB

 

2.7

Formal reports by the AASB were forwarded to the FRC Finance Committee, and reported to the FRC via the FRC Finance Committee Chairman’s report.

    - Priority setting and feedback

 

2.8

2.9

The 2003-04 annual report, approved by the FRC at its meeting on 20 September 2004, outlined progress on the AASB’s work programme in 2003-04, and set out its work programme for 2004-05. Feedback on accounting standards and related policy issues was sought by the AASB through the regular reports to FRC meetings by the AASB Chairman.

The AASB business plan for 2005-06 describes how the AASB intends to address set priorities with a detailed work programme.

    - Required business plan content

 

2.10

2.11

The FRC Finance Committee reviewed the AASB’s annual business plan for 2005-06 prior to its consideration by the Council.

The 2005-06 AASB business plan was considered and approved by the FRC at its meeting on 1 July 2005.

    - Budget and staffing process

 

2.12

The 2005-06 AASB business plan outlines the number and composition of AASB staff and secondments.

The FRC is satisfied that the AASB has adopted responsible commercial business techniques in preparing the Board’s budget and staffing arrangements.

Determining the AASB’s broad strategic direction

s225(2)(c)

2.13

2.14

2.15

On 28 June 2002, the FRC issued a strategic direction that formally endorsed the planned adoption of IASB standards (ie IFRS) and IFRIC interpretations from 1 January 2005. The direction was re-affirmed in 2003-04. During 2004-05, FRC members brought forward the views of their stakeholders on issues relating to the implementation of the strategic direction.

The FRC Chairman held meetings with a number of stakeholders and reported on these meetings to the FRC. The FRC Secretariat provided background papers on IFRS implementation to assist discussions on the implementation of the strategic direction. For each meeting the Secretariat produced an agenda paper containing relevant international financial reporting developments.

At its meeting on 12 December 2002, the FRC agreed to issue a broad strategic direction to the AASB to pursue, as an urgent priority, the harmonisation of Government Finance Statistics (GFS) and Generally Accepted Accounting Principles (GAAP) reporting. During 2004-05, the AASB made substantial progress in implementing this direction.

Giving the AASB direction or feedback on general policy or procedures

s225(2)(d)

2.16

2.17

The AASB annual business plan and forward work programmes reflect the strategic policy directions set by the FRC. The AASB Chairman provided reports at each FRC meeting, allowing the FRC to provide feedback on general policy and procedures. At its meeting in February 2005, the Council noted and provided feedback on amendments to the AASB’s Governance Guidelines, which were made necessary by the increased size of the AASB. Changes made by the Board as a consequence of Council’s feedback were brought back to the Council in April for noting and endorsement.

The FRC monitored the AASB’s procedures for transparency, appropriate consultation and due process for developing accounting standards.

Monitoring international accounting standards, further a single set of international standards, promote best practice in Australia

s225(2) (e)(f)(g)

2.18

2.19

2.20

2.21

The resource allocation for the adoption of the Australian equivalents of IFRS is outlined in the AASB business plan and budget for 2005-06, which was reviewed and approved by the FRC on 1 July 2005. Significant projects which the AASB is running on behalf of the IASB, or participating in, are indicated in the business plan. The FRC encouraged the AASB to continue to influence the development internationally of a single set of accounting standards. The FRC Chairman spoke at the Third New Zealand IFRS Summit in Auckland in March 2005. The FRC agreed to provide funds for a regional policy forum on IFRS being organised under the auspices of the Trans-Tasman Accounting Standards Advisory Group.

At its meeting on 6 December 2004, the FRC agreed to allocate extra funds to enable the FRC to meet the costs of overseas travel by FRC representatives attending official international meetings and other Australians attending IASB or IAASB related activities where their travel costs are not met by stakeholder groups. A protocol outlining the eligibility criteria for applicants attending IASB or IAASB related activities, the costs which may be claimed, and the information required to be submitted in order for funding to be provided was agreed and is available on the FRC web site. The Australian representative on the IASB, Mr Warren McGregor, has a standing invitation to all FRC meetings. He attended the FRC meeting held on 4 April 2005.

The FRC Chairman led two sets of international visits for discussions with a range of standard setting, regulatory and professional accounting bodies. The first visit was to New York, Toronto, Washington, London, Brussels and Paris in November 2004. The second visit was to London and Brussels in June 2005.

The FRC Secretariat provided a regular mailout on international developments to FRC members and an agenda paper on international developments at each FRC meeting.

Monitoring the operation and effectiveness of Australian accounting standards and consultative arrangements

s225(2) (h)(i)(ii)

2.22

2.23

2.24

The AASB Chairman reported on this issue at FRC meetings, and in his report as part of the 2003-04 AASB Annual Report.

The FRC Secretariat reported to the FRC on communications received from the business community, public sector and not-for-profit sector about the impact and effectiveness of accounting standards in meeting the objectives of Part 12 of the ASIC Act. The major issue reported was implementation of the Australian standards based on IFRS.

The FRC Chairman and members consulted with their constituent bodies on this matter, and a standing item for FRC meetings, ‘stakeholder issues’, provided an opportunity to convey the information gained from these consultations to other FRC members.

The FRC encourages the AASB to have extensive consultation and communication processes with stakeholders. The AASB reports on its consultation measures and due process on its website and in its annual report.

Seeking contributions for the cost of Australian accounting standard setting

s225(2)(i)

2.25

2.26

For a number of years, the FRC has employed a tri-partite funding model which has included contributions from the Commonwealth, State and Territory Governments, the professional accounting bodies, and the corporate sector. As a result of the extra responsibilities endowed to the FRC under CLERP 9, the Commonwealth announced substantial extra funding for the FRC and standard setting activities in the 2004-05 Budget. A firm commitment from the professional accounting bodies and from the States and Territories has also been secured for 2005-06. In view of the additional funding provided by the Commonwealth, there was no need to directly appeal for voluntary contributions from the corporate sector.

The contributions from the Commonwealth Government have ensured that there is no shortfall in the sources of funding which would undermine the objective of strengthening domestic accounting and auditing standards and their oversight arrangements.

Monitoring and reviewing the level of funding and funding arrangements for the AASB

s225(2)(j)

2.27

The AASB budget and business plan was prepared by the AASB Chairman and Administration Director and reviewed by both the AASB Audit Committee and the FRC Finance Committee. At its meeting on 1 July 2005 the FRC approved the AASB budget and business plan for 2005-06.

3. Specific auditing standards functions

     

Appointing of AUASB members

s225(2A)(a)

3.1

3.2

The FRC Nominations Committee met five times during 2004-05. It initially recommended the appointment of ten members of the former AuASB to the AUASB for short terms to allow for a comprehensive selection exercise to take place in the second half of 2004. Seven appointments and re-appointments to the AUASB arose directly from this selection exercise, which followed public advertisements placed in the major newspapers in October 2004. The Nominations Committee reported on the performance review of the AUASB at the FRC meeting held on 6 December 2004.

The FRC agreed to all the nominations to the AUASB recommended by the Nominations Committee.

Approving and monitor AUASB priorities, business plan, budget and staffing arrangements.

s225(2A)(b)

3.3

3.4

3.5

One meeting of the FRC Audit Committee was held in August 2004. Subsequently, following the consideration of legal advice from the Australian Government Solicitor, the FRC agreed to reconstitute its Audit Committee as the FRC Finance Committee and, to meet the requirements of the Commonwealth Authorities and Companies Act, to establish a separate audit committee for the AUASB. The FRC Finance Committee and the AUASB Audit Committee, which have common membership and meet concurrently, held four meetings during 2004-05.

The Committees reviewed the 2004-05 budget of the AUASB in November 2004 and March 2005, with the revised budget being approved by the FRC in December 2004 and April 2005 respectively.

The Committees considered the draft 2005-06 priorities, business plan, budget and staffing arrangements of the AUASB during May and June 2005, with the documents subsequently being approved by the FRC at its meeting on 1 July 2005.

- Standing FRC item on AUASB

 

3.6

The AUASB Chairman provided an update on the progress of AUASB activities and work priorities at each FRC meeting.

- Half-yearly report from AUASB

 

3.7

Formal reports by the AUASB were forwarded to the FRC Finance Committee, and reported to the FRC via the FRC Finance Committee Chairman’s report.

- Priority setting and feedback

 

3.8

3.9

As part of the process leading up to the issuing of an FRC strategic direction to the AUASB on the setting of auditing standards, the AUASB Chairman sought feedback from the FRC.

The AUASB business plan for 2005-06 describes how the AUASB intends to address set priorities with a detailed work programme. There was no annual report for the AUASB as it did not exist as a Commonwealth entity in 2003-04.

- Required business plan content

 

3.10

3.11

The FRC Finance Committee reviewed the AUASB’s annual business plan for 2005-06.

The business plan was considered by, and approved by the FRC at its meeting on 1 July 2005.

- Budget and staffing process

 

3.12

The AUASB business plan outlines the number and composition of AUASB staff.

The FRC is satisfied that the AUASB has adopted responsible commercial business techniques in preparing the Board’s budget and staffing arrangements.

Determining AUASB’s broad strategic direction

s225(2A)(c)

3.13

3.14

3.15

The FRC issued a strategic direction to the AUASB at its meeting on 4 April 2005. The AUASB was directed to develop standards that have primarily a clear public interest focus. The AUASB should use as a base the International Standards on Auditing developed by the International Auditing and Assurance Standards Board.

The strategic direction was agreed following extensive public consultation, including the publication of a discussion paper for comment on the FRC web site, and consideration of the issues by the AUASB.

The strategic direction issued to the AUASB by the FRC is consistent with the legislation.

Giving AUASB direction or feedback on general policy or procedures

s225(2A)(d)

3.16

3.17

The AUASB annual business plan and forward work programme reflects the strategic direction set by the FRC in April. The AUASB Chairman reported on general policy and procedures at each FRC meeting in 2004-05.

The FRC monitored the AUASB’s approach to consultation and due process in the development of auditing standards.

Monitoring international auditing standards, further a single set of international standards, promote best practice in Australia

s225(2A)(e) (f)(g)

3.18

3.19

3.20

3.21

The resource allocation for the development of Australian auditing standards is outlined in the AUASB business plan and budget for 2005-06, which was reviewed and approved by the FRC on 1 July 2005. The AUASB budget allows it to actively liaise with the International Auditing and Assurance Standards Board (IAASB), to assist in adopting international best practice. The FRC encouraged the AUASB to continue to influence the development internationally of a single set of auditing standards.

At its meeting on 6 December 2004, the FRC agreed to allocate extra funds to enable the FRC to meet the costs of overseas travel by FRC representatives attending official international meetings and other Australians attending IASB or IAASB related activities where their travel costs are not met by stakeholder groups. A protocol outlining the eligibility criteria for applicants attending IASB or IAASB related activities, the costs which may be claimed, and the information required to be submitted in order for funding to be provided was agreed and is available on the FRC web site.

The FRC Chairman led two sets of international visits for discussions with a range of standard setting, regulatory and professional accounting bodies. The first visit was to New York, Toronto, Washington, London, Brussels and Paris in November 2004. The second visit was to London and Brussels in June 2005.

The FRC Secretariat provided a regular mailout on international developments to FRC members and an agenda paper on international developments at each FRC meeting.

Monitoring the operation and effectiveness of Australian auditing standards and consultative arrangements

s225(2A)(h) (i)(ii)

3.22

3.23

3.24

The AUASB Chairman reported on progress in re-making Australian auditing standards at FRC meetings. A comprehensive ‘stocktake’ of progress made will be included in the AUASB annual report for 2004-05.

The FRC Chairman and members consulted with their constituent bodies on this matter, and a standing item for FRC meetings, ‘stakeholder issues’, provided an opportunity to convey the information gained from these consultations to other FRC members.

The FRC encourages the AUASB to have extensive consultation and communication processes with stakeholders. The AUASB uses its website for consultation on exposure drafts, and will report on its consultation arrangements in its annual report for 2004-05.

Seeking contributions to cost of Australian audit standard setting

s225(2A)(i)

3.25

3.26

For a number of years, the FRC has employed a tri-partite funding model which has included contributions from the Commonwealth, State and Territory Governments, the professional accounting bodies, and the corporate sector. As a result of the extra responsibilities endowed to the FRC under CLERP 9, the Commonwealth announced substantial extra funding for the FRC and standard setting activities in the 2004-05 Budget. A firm commitment from the professional accounting bodies and from the States and Territories has also been secured for 2005-06. In view of the additional funding provided by the Commonwealth, there was no need to directly appeal for voluntary contributions from the corporate sector.

The contributions from the Commonwealth Government have ensured that there is no shortfall in the sources of funding which would undermine the objective of strengthening domestic accounting and auditing standards and their oversight arrangements.

Monitoring and review the level of funding and funding arrangements for the AUASB

s225(2A)(j)

3.27

The AUASB budget and business plan was prepared by the AUASB Chairman and Principal Executive and reviewed by both the AUASB Audit Committee and the FRC Finance Committee. At its meeting on 1 July 2005 the FRC approved the AUASB budget and business plan for 2005-06.

4. Specific auditor independence functions

     

Monitoring and assessing the nature and overall adequacy of:

- the systems and processes used by Australian auditors to ensure compliance with auditor independence requirements;

- the systems and processes used by professional accounting bodies for planning and performing quality assurance reviews of audit work undertaken by Australian auditors to the extent to which those reviews relate to auditor independence requirements;

- the action that Australian auditors who have been subject to such quality assurance reviews have taken in response to the reports prepared as a result of those reviews;

- the action taken by professional accounting bodies ensure that Australian auditors who have been subject to such quality assurance reviews respond appropriately to the reports prepared as a result of those reviews.

- the investigation and disciplinary procedures of professional accounting bodies as those procedures apply to Australian auditors;

s225(2B)(a)

4.1

4.2

4.3

4.4

4.5

4.6

To facilitate the performance of its auditor independence functions, the FRC established an Auditor Independence Subcommittee (under the Chairmanship of Ms Elizabeth Alexander AM) which met on eight occasions during 2004-05. In addition, the FRC appointed a consultant (Mr William Bartlett) to assist it perform the function.

At the start of 2004-05, the FRC signed MOUs with the three professional accounting bodies, ASX, APRA and ASIC and exchanged letters of understanding with the CALDB (collectively, the MOU bodies) for the purpose of facilitating the exchange of information between the MOU bodies and the FRC. Meetings were held with, and information obtained from, all MOU bodies during the year.

On 18 June 2004, the FRC decided that it would perform its auditor independence functions by obtaining high level information from the parties with which its has entered into MOUs and by conducting tests through selective contacts with individual accounting firms.

In keeping with this decision, information was obtained from ASIC about the systems and processes used by Australian auditors. In addition, representatives of the FRC met with the four major accounting firms and one of the mid-tier firms about the manner in which the firms operated and the systems and processes they had in place to ensure compliance with the auditor independence requirements.

For the purpose of monitoring and assessing the nature and overall adequacy of the systems and processes of Australia’s professional accounting bodies, representatives of the FRC met with the three bodies for the purpose of obtaining information about the bodies’ quality review and disciplinary processes, as well as other matters (eg the teaching of ethics) coming within the scope of the FRC’s auditor independence functions. Subsequently, the bodies provided the FRC with written material documenting their quality review and disciplinary procedures.

The FRC’s assessment of the systems and processes used by Australian auditors and the professional accounting bodies will be included in the audit independence reporting being prepared pursuant to section 235BA of the ASIC Act.

Monitoring the overall compliance by companies, registered schemes and disclosing entities with the audit-related disclosure requirements of the Corporations Act and the accounting standards;

s225(2B)(b)

4.7

4.8

The FRC’s MOU with ASIC provides for ASIC to give the FRC regular reports identifying matters arising from its financial reporting or auditor surveillance activities in relation to compliance by companies and auditors with the independence disclosure requirements in Part 2M.3 of the Corporations Act.

A draft report from ASIC to the FRC, prepared pursuant to its MOU undertakings and covering its 2004-05 activities, was provided to the FRC Chairman in mid August 2005. The final report was scheduled to be provided to the FRC in late August 2005.

Giving the Minister reports and advice about the matters referred to in paragraphs (a) and (b) of section 225(2B) of the ASIC Act; and

s225(2B)(c)

4.9

For 2004-05, the FRC’s reports and advice to the Minister are contained in the audit independence report prepared under section 235BA. The FRC did not note any independence issues requiring the preparation of supplementary reports or advice.

Giving professional accounting bodies reports and advice about the matters referred to in subparagraphs (a)(ii)(iii)(iv) and (v).

s225(2B)(d)

4.10

The FRC did not give any formal reports to the professional accounting bodies during 2004-05. However, as a result of the MOU meetings with the bodies and following consideration of information provided by the bodies, the FRC provided advice to the bodies concerning aspects of their quality review programs and disciplinary processes.

Monitoring international developments in auditor independence, assessing the adequacy of the Australian auditor independence requirements provided for in:

      - the Corporations Act; and

- codes of professional conduct;

in the light of those developments and giving the Minister, and professional accounting bodies, reports and advice on any additional measures needed to enhance the independence of Australian auditors;

s225(2B)(e)

4.11

4.12

4.13

The FRC monitored international developments through consideration of publicly-available inspection reports issued by overseas oversight bodies, other material placed on the internet websites of these bodies and general media reports about audit independence issues.

In September 2004, the FRC Chairman attended a meeting in Washington of heads of audit oversight bodies convened by the Financial Stability Forum. In addition, he met with representatives of other audit oversight bodies during the course of overseas visits in November 2004 and June 2005.

During the year, the FRC did not become aware of any international developments in the area of audit independence that suggested Australia’s new requirements are in need of revision or further enhancement.

Promoting, and monitoring the adequacy of, the teaching of professional and business ethics by, or on behalf of, professional accounting bodies to the extent to which the teaching of those subjects relates to auditor independence.

s225(2B)(f)

4.14

4.15

During 2004-05, the three professional accounting bodies provided the FRC with detailed information about their courses on business and professional ethics. The FRC plans to undertake an in-depth examination of this information during 2005-06.

During the course of its meetings with accounting firms, the FRC was informed that the in-house training courses conducted by the firms also contain information about business and professional ethics.

FRC’s information gathering powers

S225A

4.16

4.17

The Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 amended the ASIC Act to enable the FRC Chairman, acting on behalf of the FRC, to give a professional accounting body a written notice requiring the body to provide the FRC with information concerning its professional codes of conduct, quality assurance reviews, or investigation and disciplinary procedures. Information can also be sought from an Australian auditor with respect to auditor independence matters.

The FRC’s formal information gathering powers were not used during 2004-05. However, the FRC did gather information from the MOU bodies in accordance with the terms of the respective MOUs.

5. Annual reports

     

As soon as practicable after 30 June in each year, and in any event before 31 October, the FRC must give the Minister a report on:

- the operations of: the FRC and its committees and advisory groups; the AASB and AUASB and its committees, advisory panels, and consultative groups.

- the achievement of the objects set out in section 224; during the year that ended on 30 June in that year.

s235B(1)(a) (i)(ii)(iii)(b)

5.1

5.2

5.3

The FRC/AASB annual report for 2003-04 contained a comprehensive overview of the main operations and achievements of the FRC and AASB.

The FRC approved the FRC/AASB annual report, incorporating the financial accounts, for 2003-04 at its meeting on 20 September 2004.

In accordance with the requirements under subsection 9(1) of the Commonwealth Authorities and Companies Act 1997 (CAC Act) the directors of the AASB provided the 2003-04 annual report to the Minister by 15 October 2004.

The annual report must include details of any changes to the AASB’s or AUASB’s priorities or business plans that were made as a result of action taken by the FRC.

s235B(2) and (2A)

5.4

The FRC/AASB annual report for 2003-04 included an up-to-date work programme for the AASB that outlined amendments to AASB priorities.

As soon as practicable after 30 June in each year, and in any event before 31 October, the FRC must give the Minister a report on:

- the performance by the FRC, during the year that ended on 30 June in that year, of its functions under subsection 225(2B) of the ASIC Act (the auditor independence functions);

- the findings and conclusions that the FRC reached in performing those functions; and

- the actions (if any) that were taken by the FRC in respect of those findings and conclusions.

The report may be given to the Minister separately or included in the report given to the Minister under section 235B.

s235BA(1)

5.5

The FRC’s auditor independence functions did not come into force until 1 July 2004. Therefore, there was no report on this matter for 2003-04.

The first report on the FRC’s auditor independence functions has been drafted and will be forwarded to the Minister in conjunction with the annual reports for the FRC, AASB and AUASB in accordance with the required timetable under the legislation. In doing so, the FRC will report on:

a) the operations of:

i) FRC and its committees and advisory groups;

ii) the AASB and its committees, advisory panels and consultative groups; and

iii) the AUASB and its committees, advisory panels and consultative groups; and the achievement of the objectives as set out in section 224.

b) monitoring accounting, auditing and auditor independence issues as determined appropriate by the FRC Chairman. These reports may consider contentious stakeholder issues and/or an update on sectoral and systemic issues.

6. Confidentiality

     

FRC, AASB and AUASB to protect confidential information

s237

6.1

6.2

The FRC complied with the confidentiality requirements in its Rules of Procedure. The FRC Secretariat was bound by the Commonwealth Department of Treasury security guidelines, which requires the evoking of security classifications for all sensitive material.

The FRC encouraged the AASB and AUASB to maintain confidentiality guidelines for participants in its Project Advisory Panels and Consultative Groups.