Superannuation Industry (Supervision) Act 1993
View history note
Hide history noteA 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) the person is disqualified or suspended under section 130F from being an approved SMSF auditor; or
(iii) the person is disqualified under section 131 from being an actuary; and
(c) the person knows that he or she is so disqualified or suspended.
Penalty: Imprisonment for 2 years.
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) the person is disqualified or suspended under section 130F from being an approved SMSF auditor; or
(iii) the person is disqualified under section 131 from being an actuary; and
(c) the person knows that he or she is so disqualified or suspended.
Penalty: 60 penalty units.
Subsection (2) is an offence of strict liability.
Note:
For strict liability , see section 6.1 of the Criminal Code .
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