Superannuation Industry (Supervision) Act 1993

PART 16 - ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES  

Division 4 - Offences and failure to carry out duties etc.  

SECTION 131CB   MEMBERS OR EMPLOYEES OF DISQUALIFIED FIRMS, AND DIRECTORS OR EMPLOYEES OF DISQUALIFIED COMPANIES, NOT TO BE RSE AUDITORS  

131CB(1)    
A person commits an offence if:

(a)    the person is, or acts as, an RSE auditor; and

(b)    the person is a member or employee of a firm; and

(c)    the firm is disqualified under section 130EA ; and

(d)    the person knows that the firm is so disqualified.

Penalty: Imprisonment for 2 years.

131CB(2)    
A person commits an offence if:

(a)    the person is, or acts as, an RSE auditor; and

(b)    the person is a director or employee of a company; and

(c)    the company is disqualified under section 130EA ; and

(d)    the person knows that the company is so disqualified.

Penalty: Imprisonment for 2 years.

131CB(3)    
A person commits an offence if:

(a)    the person is, or acts as, an RSE auditor; and

(b)    the person is a member or employee of a firm; and

(c)    the firm is disqualified under section 130EA .

Penalty: 60 penalty units.

131CB(4)    
A person commits an offence if:

(a)    the person is, or acts as, an RSE auditor; and

(b)    the person is a director or employee of a company; and

(c)    the company is disqualified under section 130EA .

Penalty: 60 penalty units.

131CB(5)    
Subsections (3) and (4) are offences of strict liability.