Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 210A

             (1)  The Disciplinary Board's functions and powers in relation to the following matters:

                     (a)  an application to the Disciplinary Board by ASIC or APRA for a person to be dealt with under section 1292 of the Corporations Act;

                     (b)  an application by a person to the Disciplinary Board under section 1295 of the Corporations Act for the termination of the suspension of the person's registration as an auditor or liquidator;

                     (c)  determining whether the Disciplinary Board should, of its own motion, terminate the suspension of a person's registration as an auditor or liquidator under section 1295 of the Corporations Act;

are to be performed and exercised by a Panel of the Disciplinary Board constituted under subsection (2).

             (2)  The Chairperson is to determine, in writing, the members of the Disciplinary Board who are to constitute the Panel of the Disciplinary Board that is to hear the matter.

             (3)  Without limiting subsection (2), the Chairperson may determine that a Panel of the Disciplinary Board constituted in a particular manner is to hear matters of a particular kind, or that satisfy particular criteria, specified in the determination.

             (4)  The Panel is to be constituted as either:

                     (a)  a 5 person Panel consisting of:

                              (i)  the Chairperson or Deputy Chairperson; and

                             (ii)  2 accounting members; and

                            (iii)  2 business members; or

                     (b)  a 3 person Panel consisting of:

                              (i)  the Chairperson or Deputy Chairperson; and

                             (ii)  1 accounting member; and

                            (iii)  1 business member.

In relation to the Panel, the Chairperson or the Deputy Chairperson is the Panel Chairperson .

             (5)  If the Chairperson is satisfied that it is practicable and appropriate to do so, the Chairperson is to constitute the Panel so that it is a 5 person Panel.

             (6)  This subsection applies if:

                     (a)  a hearing in relation to a particular matter has been commenced or completed by a Panel of the Disciplinary Board; and

                     (b)  before the matter to which the proceeding relates has been determined, one of the members constituting the Panel has:

                              (i)  ceased to be a member; or

                             (ii)  ceased to be available as a member of the Panel.

             (7)  If subsection (6) applies:

                     (a)  the hearing and determination, or the determination, of the proceedings may be completed by the Panel constituted by the remaining member or members of the Panel if the parties to the proceedings agree; and

                     (b)  otherwise the matter must be reheard by a new Panel constituted by the Chairperson under subsection (2).

             (8)  If a matter is reheard under paragraph (7)(b), the new Panel may, for the purposes of performing or exercising the Disciplinary Board's functions or powers in relation to that matter, have regard to any record of the proceedings before the Panel as previously constituted for the purposes of hearing that matter.