Document ID: chunk:federal_register_of_legislation:C2025C00134:section:131c
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 131C
Character Range: 735441–736920

131C  Disqualified persons not to be auditor or actuary of superannuation entities
 (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.