43ADisqualified persons must not act as auditor or actuary of general insurer

#### 43A Disqualified persons must not act as auditor or actuary of general insurer (1) A person commits an offence if: (a) the person is disqualified under section 44; and (b) the person is or acts as an auditor or actuary of a general insurer; and (c) the person is disqualified from being or acting as that auditor or actuary (as the case requires). Penalty: Imprisonment for 2 years. (2) A person commits an offence if: (a) the person is disqualified under section 44; and (b) the person is or acts as an auditor or actuary of a general insurer; and (c) the person is disqualified from being or acting as that auditor or actuary (as the case requires). Penalty: 60 penalty units. (3) Subsection (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (4) A body corporate commits an offence if: (a) a person is disqualified under section 44; and (b) the person is or acts as an actuary or auditor of the body corporate; and (c) the person is disqualified from being or acting as that actuary or auditor (as the case requires); and (d) the body corporate allows the person to be or act as an actuary or auditor (as the case requires). Penalty: 250 penalty units. (5) A body corporate commits an offence if: (a) a person is disqualified under section 44; and (b) the person is or acts as an actuary or auditor of the body corporate; and (c) the person is disqualified from being or acting as that actuary or auditor (as the case requires); and (d) the body corporate allows the person to be or act as an actuary or auditor (as the case requires). Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (7) A failure to comply with this section does not affect the validity of an appointment or transaction. > Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. > Note 2: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty above.