SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 16 - ACTUARIES AND AUDITORS OF SUPERANNUATION ENTITIES  

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

SECTION 131B   OFFENCE OF HOLDING ONESELF OUT AS AN ACTUARY OR AUDITOR  

131B(1)   [Offence if not an actuary]  

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.

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.

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.

131B(3)   [Strict liability]  

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 .




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