''Corporate Law Economic Reform Program (Audit Reform & Corporate Disclosure) Act 2004'', commonly called CLERP 9, modified the
Corporations Act
The ''Corporations Act 2001'' (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act's primary focus, but other entities, such as partners ...
2001 (Commonwealth) which governs
corporate law in
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
. It was enacted in July 2004.
The changes were based on the reform proposals contained in the CLERP 9 discussion paper, ''Corporation disclosure - strengthening the financial reporting framework'', which was released by the Australian government in September 2002. The 2004 amendments also enacted some reforms flowing from the recommendations in the Report of the
HIH Insurance
HIH Insurance was Australia's second-largest insurance company before it was placed into provisional liquidation on 15 March 2001. The demise of HIH is considered to be the largest corporate collapse in Australia's history, with liquidators est ...
Royal Commission released in April 2003.
The important reforms to the Corporations Act included:
* changes to continuous disclosure offence provisions, including giving ASIC the power to issue infringement notices.
* changes to financial reporting, including requiring the CEO and CFO sign-off to the board, and Management Discussion & Analysis (MD&A) disclosure in the Annual Report.
* the introduction of a non-binding vote on remuneration reports and expanded executive remuneration
* new provisions pertaining to auditor independence, and amendments affecting the audit function and audit oversight.
* licensing obligations for financial services licensees to manage conflicts of interest and address analysts independence.
* amendments to the fundraising provisions in Chapters 6D and 7 of the Corporations Act.
The CLERP 9 changes were intended to improve investor confidence in relation to listed corporations and their financial reports. The evidence regarding their effectiveness in this regard remains mixed. There is some evidence that changes affecting the board of directors were more important to small shareholders than large shareholders. The costs and benefits of changes affecting auditors remain more contentious.
[ Clout, V., Chappelle, E. & Gandhi, N. The impact of auditor independence regulations on established and emerging firms. ''Accounting Research Journal'' Vol. 26(2) 2013:88-108]
References
{{reflist
External links
CLERP 9 page at Australian Securities and Investment Commission
2004 in Australian law
Acts of the Parliament of Australia
Australian corporate law