Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 210A

  (1)   The Disciplinary Board's functions and powers in relation to the following matters:

  (a)   an application to the Disciplinary Board by ASIC or APRA for a person to be dealt with under section   1292 of the Corporations Act;

  (b)   an application by a person to the Disciplinary Board under section   1295 of the Corporations Act for the termination of the suspension of the person's registration as an auditor;

  (c)   determining whether the Disciplinary Board should, of its own motion, terminate the suspension of a person's registration as an auditor under section   1295 of the Corporations Act;

are to be performed and exercised by a Panel of the Disciplinary Board constituted under subsection   (2).

  (2)   The Chairperson is to determine, in writing, the members of the Disciplinary Board who are to constitute the Panel of the Disciplinary Board that is to hear the matter.

  (3)   Without limiting subsection   (2), the Chairperson may constitute the Panel in a particular manner to hear matters of a specified kind, or matters that satisfy specified criteria.

  (3A)   The Chairperson must, under subsection   (2), constitute the Panel so that one of the following members is the Panel Chairperson of the Panel:

  (a)   the Chairperson;

  (b)   the Deputy Chairperson;

  (c)   another member who:

  (i)   is enrolled as a barrister, as a solicitor, as a barrister and solicitor or as a legal practitioner of the High Court, of any federal court or of the Supreme Court of a State or Territory; and

  (ii)   has been so enrolled for a period of at least 5   years.

  (4)   The Chairperson must, under subsection   (2), constitute the Panel:

  (a)   if the Chairperson is satisfied that it is practicable and appropriate to do so--as a 5 person Panel consisting of:

  (i)   the Panel Chairperson; and

  (ii)   2 accounting members; and

  (iii)   2 business members; or

  (b)   otherwise--as a 3 person Panel consisting of:

  (i)   the Panel Chairperson; and

  (ii)   1 accounting member; and

  (iii)   1 business member.

  (6)   This subsection applies if:

  (a)   a hearing in relation to a particular matter has been commenced or completed by a Panel of the Disciplinary Board; and

  (b)   before the matter to which the proceeding relates has been determined, one of the members constituting the Panel has:

  (i)   ceased to be a member; or

  (ii)   ceased to be available as a member of the Panel.

  (7)   If subsection   (6) applies:

  (a)   the hearing and determination, or the determination, of the proceedings may be completed by the Panel constituted by the remaining member or members of the Panel if the parties to the proceedings agree; and

  (b)   otherwise the matter must be reheard by a new Panel constituted by the Chairperson under subsection   (2).

  (8)   If a matter is reheard under paragraph   (7)(b), the new Panel may, for the purposes of performing or exercising the Disciplinary Board's functions or powers in relation to that matter, have regard to any record of the proceedings before the Panel as previously constituted for the purposes of hearing that matter.