223Costs

223 Costs

(1) Where: (a) the Disciplinary Board holds a hearing in relation to a person in accordance with subsection 1294(1) of the Corporations Act 1989; and (b) the Disciplinary Board cancels or suspends the registration of the person as an auditor, as a liquidator or as a liquidator of a specified body corporate, 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 Disciplinary Board may require the person to pay an amount specified by the Disciplinary Board, being all or part of: (c) the costs of and incidental to the hearing; (d) the costs of the Commission in relation to the hearing; or (e) the costs mentioned in paragraph (c) and the costs mentioned in paragraph (d). (2) Where: (a) the Disciplinary Board holds a hearing in relation to a person in accordance with subsection 1294(1) of the Corporations Act 1989; and (b) the Disciplinary Board refuses to make an order cancelling or suspending the registration of the person as an auditor, as a liquidator or as a liquidator of a specified body corporate, as the case requires, and does not deal with the person in any of the ways mentioned in subparagraphs (1)(b)(i) and (ii); the Disciplinary Board may require the Commission to pay an amount specified by the Disciplinary Board, being all or part of: (c) the costs of and incidental to the hearing; (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 Disciplinary Board requires a person to pay all or part of the costs of and incidental to a hearing held by the Disciplinary Board in relation to the person (whether or not the Disciplinary Board also requires the person to pay all or part of the costs of the Commission in relation to the hearing); or (b) under subsection (2), the Disciplinary Board requires the Commission to pay all or part of the costs of and incidental to a hearing held by the Disciplinary Board in relation to a person (whether or not the Disciplinary Board also requires the Commission 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 the Commission, 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 Disciplinary Board requires a person to pay all or part of the costs of the Commission in relation to a hearing held by the Disciplinary Board in relation to the person (whether or not the Disciplinary Board also requires the person to pay all or part of the costs of and incidental to the hearing), the amount of the costs of the Commission so required to be paid by the person may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth. (5) Where, under subsection (2), the Disciplinary Board requires the Commission to pay all or part of the costs of a person in relation to a hearing held by the Disciplinary Board in relation to the person (whether or not the Disciplinary Board also requires the Commission to pay all or part of the costs of and incidental to the hearing), the amount of the costs of the person so required to be paid by the Commission may be recovered in a court of competent jurisdiction as a debt due to the person.