Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:159c
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 159C
Character Range: 173777–175794

159C  Cancellation and suspension of registration of person as an auditor
 (1) In accordance with subsection 255G(5) and paragraph 255N(2)(d) of the Act, this regulation makes further provision for and in relation to the suspension of the registration of a person as an auditor, and provision for and in relation to matters relating to the suspension and cancellation of the registration of a person as an auditor.
 (2) The General Manager may suspend for a specified period the registration of a person as an auditor if the General Manager becomes aware that:
 (a) an investigation has begun into whether the person has committed a designated offence or contravened a designated civil penalty provision; or
 (b) the person has been charged with a designated offence, or an application has been made for an order in respect of a contravention by the person of a designated civil penalty provision, and the matter has not been finally dealt with.
Note: Before making the decision, the General Manager must give the person an opportunity to be heard (see subregulation (5)). After making the decision, the General Manager must give notice in accordance with section 255J of the Act.
 (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person has ceased to be resident in Australia.
Note: Before making the decision, the General Manager must give the person an opportunity to be heard (see subregulation (5)). After making the decision, the General Manager must give notice in accordance with section 255J of the Act.
 (4) The General Manager may, in writing, request further information from any person for the purposes of making a decision under subregulation (2) or (3).
 (5) Before making a decision about a person under subregulation (2) or (3), the General Manager must give the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.