Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p27
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 67468–70298

person is subject to a section 227 prohibition, a section 227a order, a section 562 order or a section 562a notice; or
         (b) that the person is incapable, by reason of mental infirmity, of managing his affairs,
    by order, cancel each prescribed registration of the person.
    "(6b) In sub-section (6a) and in this sub-section—
         'prescribed person' means a person who is registered as an auditor, as a liquidator or as a liquidator of a specified corporation;

         'prescribed registration', in relation to a prescribed person, means a registration of the person as an auditor, as a liquidator or as the liquidator of a specified corporation.";
     (c) by omitting from sub-section (7) ", in addition to or instead of cancelling or suspending the registration of the person as an auditor, liquidator or liquidator of that corporation, as the case may be,";
     (d) by inserting after sub-section (7) the following sub-section:
    "(7a) Where, on an application by the Commission for a person who is registered as an auditor, as a liquidator or as a liquidator of a specified corporation to be dealt with under this section, the Board is empowered to deal with the person as mentioned in sub-section (7), the Board may so deal with the person—
         (a) in a case where the Board is required to make an order under sub-section (6a) on the application—in addition to making such an order; or
         (b) in any other case—in addition to or instead of cancelling or suspending the registration of the person as an auditor, as a liquidator or as a liquidator of that corporation, as the case may be."; and
     (e) by adding at the end the following sub-sections:
    "(11) This section (other than this sub-section) as in force after the commencement of section 39 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1985 applies in relation to a prescribed application made after that commencement and, notwithstanding the amendments made by that section, this section as in force immediately before that commencement continues to apply in relation to a prescribed application made before that commencement.
    "(12) In sub-section (11), 'prescribed application' means an application by the Commission for a person who is registered as an auditor, as a liquidator or as a liquidator of a specified corporation to be dealt with under this section.".

Proceedings at hearings
40. Section 30g of the Principal Act is amended by omitting paragraph (3) (a) and substituting the following paragraph:
     "(a) the Commission may be represented by—
         (i) an employee, or a member or acting member, of the Commission; or
         (ii) a person authorised by the Commission for the purpose;".

Notice of Board's decision
41. Section 30m of the Principal Act is amended by omitting