Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) On application by APRA, the Federal Court of Australia may, by order, disqualify a person from holding any appointment as a person referred to in subsection (2), for a period that the Court considers appropriate, if the Court is satisfied that:
(a) any of the following applies:
(i) the person has failed to perform adequately and properly the functions and duties of such an appointment under this Act or the prudential standards;
(ia) the person has failed to comply with a requirement of the Financial Accountability Regime Act 2023 ;
(ii) the person otherwise does not meet one or more of the criteria for fitness and propriety set out in the prudential standards;
(iii) the person does not meet the eligibility criteria for such an appointment as set out in the prudential standards; and
(b) the disqualification is justified.
(2) For the purposes of subsection (1), the Court may disqualify a person from being or acting as an auditor or actuary of:
(a) a particular general insurer; or
(b) a class of general insurers; or
(3) In deciding whether it is satisfied as mentioned in paragraph (1)(a), the Court may take into account:
(a) any matters specified in the regulations for the purposes of this paragraph; and
(b) any criteria for fitness and propriety set out in the prudential standards; and
(c) any other matters the Court considers relevant.
(4) In deciding whether the disqualification is justified as mentioned in paragraph (1)(b), the Court may have regard to:
(a) the person's conduct in relation to the functions or duties that the person is required to perform under this Act, the prudential standards and the Financial Accountability Regime Act 2023 ; and
(b) any other matters the Court considers relevant.
(5) As soon as practicable after the Court disqualifies a person under this section, APRA must cause particulars of the disqualification:
(a) if the person is, or is acting as, an auditor or actuary of a general insurer--to be given to the general insurer concerned; and
(b) to be published in the Gazette .