Financial Sector Legislation Amendment (Simplifying Regulation and Review) Act 2007 (154 of 2007)
Schedule 1 Streamlining prudential regulation
Part 1 Amendments commencing on Royal Assent
Insurance Act 1973
64 Sections 47 and 48
Repeal the sections, substitute:
48 Referring matters to professional associations for auditors and actuaries
(1) If APRA is of the opinion that an auditor of a general insurer:
(a) has failed, whether within or outside Australia, to perform adequately and properly his or her duties or functions as an auditor under:
(i) this Act, the regulations or the prudential standards; or
(ii) any other law of the Commonwealth, a State or a Territory; or
(b) is otherwise not a fit and proper person to be the auditor of a general insurer;
APRA may refer the details of the matter to either or both of the following:
(c) the Companies Auditors and Liquidators Disciplinary Board established by Division 1 of Part 11 of the Australian Securities and Investments Commission Act 2001;
(d) those members of the professional association of the auditor whom APRA believes will be involved in considering or taking any disciplinary or other action concerning the matter against the auditor.
(2) If APRA is of the opinion that an actuary of a general insurer:
(a) has failed, whether within or outside Australia, to perform adequately and properly his or her duties as an actuary under:
(i) this Act, the regulations or the prudential standards; or
(ii) any other law of the Commonwealth, a State or a Territory; or
(b) is otherwise not a fit and proper person to be the actuary of a general insurer;
APRA may refer the details of the matter to those members of the professional association of the actuary whom APRA believes will be involved in considering or taking any disciplinary or other action concerning the matter against the actuary.
(3) If APRA refers details of a matter under this section, APRA must also give written notice of the referral (including the nature of the matter) to the auditor or actuary.
(4) APRA’s powers under subsection (1) and (2) may be exercised whether or not APRA has disqualified the person under section 44.