Document ID: chunk:federal_register_of_legislation:C2025C00134:section:128e
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 128E
Character Range: 657415–658643

128E  Cancelling registration
 (1) The Regulator may cancel a person's registration as an approved SMSF auditor if the person requests the Regulator to do so. The request must be in writing.
 (2) The Regulator may cancel a person's registration as an approved SMSF auditor if the Regulator is satisfied that the person:
 (a) has failed to comply with a condition imposed under section 128D on the person's registration; or
 (b) has not performed any significant audit work during a continuous period of 5 years, and, as a result, has ceased to have the practical experience necessary for carrying out audits of self managed superannuation funds under this Act; or
 (c) has failed to comply with the person's obligation to give the Regulator a statement under section 128G; or
 (d) has ceased to be an Australian resident.
 (3) The Regulator must, not later than 14 days after deciding to cancel the registration, give the person a written notice setting out the decision and the reasons for it.
 (4) The decision takes effect at the end of the day the notice is given to the person.
 (5) A failure to comply with subsection (3) does not affect the validity of the decision.

Subdivision B—Obligations of approved SMSF auditors