Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 (25 of 2008)
Schedule 1 Court power of disqualification etc.
Part 1 Amendments commencing on Royal Assent
Superannuation Industry (Supervision) Act 1993
67 At the end of Part 16
Add:
131C Disqualified persons not to be auditor or actuary of superannuation entities
(1) A person commits an offence if:
(a) the person is, or acts as, an auditor or actuary of a superannuation entity for the purposes of this Act; and
(b) either:
(i) for a person who is disqualified under section 130D - the person is disqualified from being or acting as an auditor or actuary (as the case requires) of that superannuation entity; or
(ii) otherwise - the person is disqualified under section 131 from being or acting as an auditor or actuary (as the case requires); and
(c) the person knows that he or she is so disqualified.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person is, or acts as, an auditor or actuary of a superannuation entity for the purposes of this Act; and
(b) either:
(i) for a person who is disqualified under section 130D - the person is disqualified from being or acting as an auditor or actuary (as the case requires) of that superannuation entity; or
(ii) otherwise - the person is disqualified under section 131 from being or acting as an auditor or actuary (as the case requires); and
(c) the person knows that he or she is so disqualified.
Penalty: 60 penalty units.
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.