127Protection of auditor and actuary from liability

127 Protection of auditor and actuary from liability (1) The auditor or actuary for an approved scheme, and any special actuary for the scheme, does not incur civil or criminal liability for an act or omission done honestly as the auditor or actuary. (2) A civil liability that would, apart from this section, attach to the auditor or actuary attaches instead to the Territory. 127AA Consumer representative—appointment (1) The Minister may appoint a person to advise the Minister about the interests of owners in relation to approved schemes (a consumer representative). Note For laws about appointments, see the Legislation Act, pt 19.3. (2) The Minister must not appoint a public servant or a person who represents the building and construction industry as the consumer representative. (3) A regulation may prescribe criteria for the appointment of a person as the consumer representative. (4) An appointment as the consumer representative must be for not longer than 3 years. (5) An appointment is a notifiable instrument.

Consumer representative Division 6.6 (6) The conditions of the consumer representative’s appointment are the conditions agreed between the Minister and the person. 127AB Consumer representative—terms of reference (1) If the Minister appoints a consumer representative, the Minister must determine terms of reference for the exercise of functions by the consumer representative. (2) The terms of reference may include terms in relation to when the consumer representative may— (a) attend a meeting of the trustees of an approved scheme; or (b) request information from the trustees of an approved scheme. (3) The terms of reference are a notifiable instrument. (4) The consumer representative must comply with the terms of reference approved by the Minister. 127AC Consumer representative—ending appointment The Minister may end a person’s appointment as the consumer representative— (a) if the person does not provide advice within a reasonable time when asked by the Minister; or (b) for misbehaviour; or (c) for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s ability to give advice to the Minister; or (d) if the Minister becomes aware that the person has at any time been convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or

(e) if the Minister becomes aware that the person has at any time been convicted outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer.

Objects and important concepts Division 6A.1