Auditing Standard ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements (reissued March 2018)

Administered by Department of the Treasury

Legislation au F2018L00434 Not in force Legislative Instrument

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ASA 102

(March 2018)

Explanatory Statement

ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements (reissued March 2018)

Issued by the Auditing and Assurance Standards Board

Obtaining a Copy of this Explanatory Statement

This Explanatory Statement is available on the Auditing and Assurance Standards Board (AUASB) website: www.auasb.gov.au

Contact Details

Auditing and Assurance Standards Board

Podium Level 14, 530 Collins Street

Melbourne   Victoria   3000

AUSTRALIA

Phone: (03) 8080 7400

E-mail: enquiries@auasb.gov.au

Postal Address:

PO Box 204, Collins Street West

Melbourne   Victoria   8007

AUSTRALIA


Reasons for Reissuing ASA 102

The Auditing and Assurance Standards Board (AUASB) reissue Australian Auditing Standard ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements pursuant to the requirements of the legislative provisions and the Strategic Direction explained below.

The AUASB is a non corporate Commonwealth entity of the Australian Government established under section 227A of the Australian Securities and Investments Commission Act 2001, as amended (ASIC Act).  Under section 336 of the Corporations Act 2001, the AUASB may make Auditing Standards for the purposes of the corporations legislation.  These Auditing Standards are legislative instruments under the Legislation Act 2003.

Under the Strategic Direction given to the AUASB by the Financial Reporting Council (FRC), the AUASB is required, inter alia, to develop auditing standards that have a clear public interest focus and are of the highest quality.

ASA 102 is an Auditing Standard made under the Corporations Act 2001 for Australian legislative purposes. ASA 102 enables references to relevant ethical requirements in other AUASB Standards to remain current as they are explicitly linked to ASA 102.  Under ASA 102 the auditor, assurance practitioner, engagement quality control reviewer, and firm are to have regard to the applicable requirements of APES 110 Code of Ethics for Professional Accountants issued by the Accounting Professional & Ethical Standards Board Limited (December 2010 incorporating all amendments to May 2017), which are to be taken into account in determining whether relevant ethical requirements have been met.  The AUASB proposes to amend or re-make ASA 102 whenever APES 110 is amended or revised, to ensure that such cross references remain current and to eliminate the need to amend other AUASB Standards.

The requirement and application and other explanatory material in ASA 102 have been drawn from several standards of the International Auditing and Assurance Standards Board (IAASB).

The AUASB has made ASA 102 in a format that is consistent with the other Australian Auditing Standards operative for financial reporting periods commencing on or after 1 January 2010 and for firms required to establish systems of quality control in compliance with ASQC 1 Quality Control for Firms that Perform Audits and Reviews of Financial Reports and Other Financial Information, and Other Assurance Engagements and Related Services Engagements by 1 January 2010.

Purpose of ASA 102

The purpose of ASA 102 is to require auditors, assurance practitioners, engagement quality control and firms to comply with relevant ethical requirements, including those pertaining to independence, when performing audits, reviews and other assurance engagements. .

Main Features

The main feature of the reissuing of this Auditing Standard is to update the reference within the relevant ethical requirements definition to the latest version of APES 110 Code of Ethics for Professional Accountants issued by the Australian Professional & Ethical Standards Board Limited.

Operative Date

ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements (reissued March 2018) is operative for engagements with financial reporting periods ending on or after 31 March 2018.

Process of making Australian Auditing Standards

The AUASB’s Strategic Direction, inter alia, provides that the AUASB develop Australian Auditing Standards that:

  • have a clear public interest focus and are of the highest quality;
  • use the International Standards on Auditing (ISAs) of the International Auditing and Assurance Standards Board (IAASB) as the underlying standards;
  • conform with the Australian regulatory environment; and
  • are capable of enforcement.
Consultation Process prior to issuing ASA 102

It is the view of the AUASB that these changes do not require public exposure as they are not significant in nature, and have no impact on the requirements of ASA 102.

Regulatory Impact Statement

A Preliminary Assessment form has been  prepared in connection with the preparation of ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements (reissued March 2018) and lodged with the Office of Best Practice Regulation (OBPR).

The OBPR have advised the AUASB Technical Group that a Regulatory Impact Statement (RIS) is not required in relation to this standard.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Legislative Instrument: ASA 102 Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Background

The AUASB is a Non Corporate Commonwealth Entity established under section 227A of the Australian Securities and Investments Commission Act 2001, as amended (ASIC Act).  Under section 336 of the Corporations Act 2001, the AUASB may make Auditing Standards for the purposes of the corporations legislation.  These Auditing Standards are legislative instruments under the Legislation Act 2003.

Purpose of ASA 102

The purpose of ASA 102 is to establish a requirement for auditors, assurance practitioners, engagement quality control reviewers and firms to comply with relevant ethical requirements, including those pertaining to independence, relating to audits, reviews and other assurance engagements..

Main Features

ASA 102 is reissued to refer to the latest version of APES 110 Code of Conduct for Professional Accountants as issued by the Australian Professional & Ethical Standards Board Limited.

Human Rights Implications

The Auditing Standards are issued by the AUASB in furtherance of the objective of facilitating the Australian economy. The standards do not diminish or limit any of the applicable human rights or freedoms, and thus do not raise any human rights issues.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Auditing and Assurance Standards Board (AUASB) has reissued Australian Auditing Standard ASA 102, titled "Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements," in March 2018. This standard is made under the Corporations Act 2001 and is intended to ensure that auditors, assurance practitioners, engagement quality control reviewers, and firms adhere to relevant ethical requirements, particularly those concerning independence, during audits, reviews, and other assurance engagements. ASA 102 references the latest version of APES 110 Code of Ethics for Professional Accountants issued by the Accounting Professional & Ethical Standards Board Limited, ensuring the ethical requirements remain current. The reissue aims to maintain the highest quality of auditing standards with a clear focus on public interest. The AUASB, established under section 227A of the Australian Securities and Investments Commission Act 2001, ensures these standards conform to the Australian regulatory environment and are capable of enforcement.

Scope and Application

ASA 102, Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements, applies to auditors, assurance practitioners, engagement quality control reviewers, and firms engaged in audit, review, and other assurance engagements in Australia. This standard ensures adherence to ethical requirements, including those related to independence, as outlined in the APES 110 Code of Ethics for Professional Accountants. It is applicable nationally across the Commonwealth, established under the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001, and operates for engagements with financial reporting periods ending on or after 31 March 2018. The Auditing and Assurance Standards Board (AUASB) ensures the standard remains current and relevant, aligning with international standards and maintaining a clear public interest focus. ASA 102 does not contain specific exclusions, exemptions, or thresholds, but its application may be extended or restricted through subordinate instruments or further amendments to ensure compliance with evolving ethical standards and regulatory requirements.

Key Provisions

The main operative sections of ASA 102 (Compliance with Ethical Requirements when Performing Audits, Reviews and Other Assurance Engagements, reissued March 2018) include the requirement for auditors, assurance practitioners, engagement quality control reviewers, and firms to adhere to relevant ethical requirements, particularly those related to independence, when conducting audits, reviews, and other assurance engagements. This is articulated in section 1 of the standard, which specifies the necessity for compliance with these ethical standards. Section 2 outlines the need to consider the APES 110 Code of Ethics for Professional Accountants as issued by the Accounting Professional & Ethical Standards Board Limited, including its amendments up to May 2017, to determine if the ethical requirements have been met. The standard also mandates that ASA 102 be updated whenever APES 110 is amended to ensure that cross-references remain current. The obligations imposed by ASA 102 on the parties and entities it governs include ensuring that auditors, assurance practitioners, and firms maintain independence and comply with all relevant ethical requirements. Specifically, these professionals must adhere to the provisions of APES 110, which includes maintaining independence, avoiding conflicts of interest, and ensuring the integrity of financial reporting. Firms are also required to establish and maintain systems of quality control that ensure compliance with these ethical standards. Additionally, engagement quality control reviewers must evaluate the work of the auditor or assurance practitioner to ensure that the engagement was conducted in accordance with the relevant ethical requirements. The ASA 102 sets forth specific consequences for breaches of its provisions. Under the Corporations Act 2001, individuals who fail to comply with the ethical requirements set out in ASA 102 may face civil penalties. The maximum penalty for a body corporate can be significant, as outlined in section 1317H of the Corporations Act, which can include fines up to $210,000 for individuals and up to $1,050,000 for bodies corporate. Furthermore, directors or officers who are responsible for an entity's failure to comply with these standards may also face personal penalties. In addition to civil penalties, breaches of ethical requirements can also lead to criminal charges and potential imprisonment, particularly if the breach results in misleading or deceptive conduct under section 1041H of the Corporations Act 2001.

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