Document ID: chunk:federal_register_of_legislation:C2025C00182:section:223:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 223 (pt 1/2)
Character Range: 567805–570212

223  Costs
 (1) Where:
 (a) the Panel holds a hearing in relation to a person in accordance with subsection 1294(1) of the Corporations Act; and
 (b) the Panel cancels or suspends the registration of the person as an auditor or deals with the person:
 (i) by admonishing or reprimanding the person; or
 (ii) by requiring the person to give an undertaking to engage in, or to refrain from engaging in, specified conduct;
the Panel may require the person to pay an amount specified by the Panel, being all or part of:
 (c) the costs of and incidental to the hearing; or
 (d) the costs of ASIC or APRA in relation to the hearing; or
 (e) the costs mentioned in paragraph (c) and the costs mentioned in paragraph (d).
 (2) Where:
 (a) the Panel holds a hearing in relation to a person in accordance with subsection 1294(1) of the Corporations Act; and
 (b) the Panel refuses to make an order cancelling or suspending the registration of the person as an auditor and does not deal with the person in any of the ways mentioned in subparagraphs (1)(b)(i) and (ii);
the Panel may require ASIC or APRA to pay an amount specified by the Panel, being all or part of:
 (c) the costs of and incidental to the hearing; or
 (d) the costs of the person in relation to the hearing; or
 (e) the costs mentioned in paragraph (c) and the costs mentioned in paragraph (d).
 (3) Where:
 (a) under subsection (1), the Panel requires a person to pay all or part of the costs of and incidental to a hearing held by the Panel in relation to the person (whether or not the Panel also requires the person to pay all or part of ASIC's costs in relation to the hearing); or
 (b) under subsection (2), the Panel requires ASIC or APRA to pay all or part of the costs of and incidental to a hearing held by the Panel in relation to a person (whether or not the Panel also requires ASIC or APRA to pay all or part of the costs of the person in relation to the hearing);
the amount of the costs of and incidental to the hearing so required to be paid by the first‑mentioned person or by ASIC or APRA, as the case may be, may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.
 (4) Where, under subsection (1), the Panel requires a person to pay all or part of ASIC's costs or APRA's costs in relation to a hearing held by the Panel in relation to the person (whether or not the Panel also requires the person