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s 43A

Disqualified persons must not act as auditor or actuary of general insurer

In force
Part IVAuditors, actuaries and accounts
Division 1The auditors and actuary of a general insurer

43A Disqualified persons must not act as auditor or actuary of general insurer

(1)

A person commits an offence if:

(a)

the person is disqualified under section 44; and

(b)

the person is or acts as an auditor or actuary of a general insurer; and

(c)

the person is disqualified from being or acting as that auditor or actuary (as the case requires).

Penalty: Imprisonment for 2 years.

(2)

A person commits an offence if:

(a)

the person is disqualified under section 44; and

(b)

the person is or acts as an auditor or actuary of a general insurer; and

(c)

the person is disqualified from being or acting as that auditor or actuary (as the case requires).

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.

(4)

A body corporate commits an offence if:

(a)

a person is disqualified under section 44; and

(b)

the person is or acts as an actuary or auditor of the body corporate; and

(c)

the person is disqualified from being or acting as that actuary or auditor (as the case requires); and

(d)

the body corporate allows the person to be or act as an actuary or auditor (as the case requires).

Penalty: 250 penalty units.

(5)

A body corporate commits an offence if:

(a)

a person is disqualified under section 44; and

(b)

the person is or acts as an actuary or auditor of the body corporate; and

(c)

the person is disqualified from being or acting as that actuary or auditor (as the case requires); and

(d)

the body corporate allows the person to be or act as an actuary or auditor (as the case requires).

Penalty: 60 penalty units.

(6)

Subsection (5) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(7)

A failure to comply with this section does not affect the validity of an appointment or transaction.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:

If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty above.

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