Commonwealth Numbered Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 131

Auditors-disqualification orders Disqualification order
131.(1) The Commissioner may make a written order ("disqualification order")
disqualifying a person from being an approved auditor for the purposes of this
Act if:

   (a)  the person has failed, whether within or outside Australia, to carry
        out or perform adequately and properly:

        (i)    the duties of an auditor under this Act or the regulations; or

        (ii)   any duties required by a law of the Commonwealth, a State or a
               Territory to be carried out or performed by an auditor; or

   (b)  the person is otherwise not a fit and proper person to be an approved
        auditor for the purposes of this Act. Date of effect

(2) A disqualification order takes effect on the day specified in the order.
The specified day must be within the 28-day period beginning on the day on
which the order was made. Notification

(3) The Commissioner must give a copy of the order to the person. Gazettal

(4) The Commissioner must cause to be published in the Gazette particulars of:

   (a)  the disqualification order; and

   (b)  any action taken under section 344 of this Act, or under the
        Administrative Appeals Tribunal Act 1975, in relation to the decision
        to make the order. Revocation

(5) The Commissioner may revoke a disqualification order. The Commissioner's
power to revoke may be exercised:

   (a)  on the Commissioner's own initiative; or

   (b)  on written application made by the disqualified person.
        Revocation-decision on application

(6) If an application is made for the revocation of a disqualification order,
the Commissioner must decide to:

   (a)  revoke the order; or

   (b)  refuse to revoke the order. Revocation-grounds

(7) The Commissioner must not revoke a disqualification order unless the
Commissioner is satisfied that the person concerned:

   (a)  is likely to carry out and perform adequately and properly the duties
        of an auditor under this Act or the regulations; and

   (b)  is otherwise a fit and proper person to be an approved auditor for the
        purposes of this Act. Revocation-date of effect

(8) A revocation of a disqualification order takes effect on the day the
revocation is made. Reasons for revocation

(9) If the Commissioner decides to refuse an application for revocation of a
disqualification order, the Commissioner must cause to be given to the
applicant a written notice setting out the decision and giving the reasons for
the decision. Gazettal

(10) The Commissioner must cause to be published in the Gazette particulars of
the revocation of a disqualification order. 


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