Disqualified persons must not act as auditor or actuary of general insurer
43A Disqualified persons must not act as auditor or actuary of general insurer
A person commits an offence if:
the person is disqualified under section 44; and
the person is or acts as an auditor or actuary of a general insurer; and
the person is disqualified from being or acting as that auditor or actuary (as the case requires).
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person is disqualified under section 44; and
the person is or acts as an auditor or actuary of a general insurer; and
the person is disqualified from being or acting as that auditor or actuary (as the case requires).
Penalty: 60 penalty units.
Subsection (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
A body corporate commits an offence if:
a person is disqualified under section 44; and
the person is or acts as an actuary or auditor of the body corporate; and
the person is disqualified from being or acting as that actuary or auditor (as the case requires); and
the body corporate allows the person to be or act as an actuary or auditor (as the case requires).
Penalty: 250 penalty units.
A body corporate commits an offence if:
a person is disqualified under section 44; and
the person is or acts as an actuary or auditor of the body corporate; and
the person is disqualified from being or acting as that actuary or auditor (as the case requires); and
the body corporate allows the person to be or act as an actuary or auditor (as the case requires).
Penalty: 60 penalty units.
Subsection (5) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
A failure to comply with this section does not affect the validity of an appointment or transaction.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
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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