PART 16
-
ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES
Division 4
-
Offences and failure to carry out duties etc.
History
Div 4 heading inserted by No 25 of 2008, s 3 and Sch 1 item 64, effective 26 May 2008.
SECTION 131B
OFFENCE OF HOLDING ONESELF OUT AS AN ACTUARY OR AUDITOR
131B(1)
A person commits an offence if:
(a)
the person holds themself out as a superannuation actuary; and
(b)
the person is not a superannuation actuary.
Penalty: 50 penalty units.
History
S 131B(1) amended by No 61 of 2013, s 3 and Sch 1 item 105, by substituting
"
a superannuation actuary
"
for
"
an actuary
"
in paras (a) and (b), effective 1 July 2013.
S 131B(1) amended by No 158 of 2012, s 3 and Sch 2 item 34, by substituting
"
commits
"
for
"
is guilty of
"
, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading.
S 131B(1) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 62, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
131B(2)
A person commits an offence if:
(a)
the person holds themself out as an approved SMSF auditor; and
(b)
the person is not an approved SMSF auditor.
Penalty: 50 penalty units.
History
S 131B(2) substituted by No 158 of 2012, s 3 and Sch 2 item 35, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading. S 131B(2) formerly read:
131B(2)
A person is guilty of an offence if:
(a)
the person holds themself out as an approved auditor; and
(b)
the person is not an approved auditor.
Penalty: 50 penalty units.
S 131B(2) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 62, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
131B(2A)
A person commits an offence if:
(a)
the person holds themself out as an RSE auditor; and
(b)
the person is not an RSE auditor.
Penalty: 50 penalty units.
History
S 131B(2A) amended by No 61 of 2013, s 3 and Sch 1 items 106 and 107, by substituting
"
an RSE auditor
"
for
"
an approved auditor of a kind other than an approved SMSF auditor
"
in para (a) and substituting
"
an RSE auditor
"
for
"
such an approved auditor
"
in para (b), effective 1 July 2013.
S 131B(2A) inserted by No 158 of 2012, s 3 and Sch 2 item 35, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading.
131B(3)
Subsections
(1)
,
(2)
and
(2A)
are offences of strict liability.
Note 1:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
Note 3:
See also sections
131CC
and
131CD
.
History
S 131B(3) amended by No 29 of 2023, s 3 and Sch 6 item 262, by inserting note 3, effective 1 July 2023.
S 131B(3) amended by No 158 of 2012, s 3 and Sch 2 item 36, by substituting
"
Subsections (1), (2) and (2A)
"
for
"
Subsections (1) and (2)
"
, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading.
History
S 131B inserted by No 160 of 2000, s 3 and Sch 3 item 33, effective 18 January 2001.