Commonwealth Consolidated Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 131C

  (1)   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:   Imprisonment for 2 years.

  (2)   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.

  (3)   Subsection   (2) is an offence of strict liability.

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