Public Accountants Registration Acts Amendment Act of 1968 (Qld)

C l>:.uil-gz,1114 0"1 of Eli D11017- C-1 ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 1 of 1968 An Act to Amend "The Public Accountants Registration Acts, 1946 to 1963," in certain particulars [ASSENTED TO 4TH APRIL, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Public Accountants Registration Acts Amendment Act of 1968." (2) Principal Act. " The Public Accountants Registration Acts, 1946 to 1963," are in this Act referred to as the Principal Act. (3) Collective title . Th.- Principal Act and this Act may be collectively cited as " The Public Accountants Registration Acts, 1946 to 1968." 2. Amendment of s. 4 . Section four of the Principal Act is amended by inserting after the definition " This Act " the following definition:- Trustee Company "-A company to which the provisions of " The Queensland Trustees, Limited. Acts, 1888 to 1963." or " The Union Trustee Company' of Australia, Limited. Acts. 1890 to 1963," relate.

2 Public Accountants Registration Acts Amendment Act of 1968, No. I 3. Amendments of s. V. Section seventeen of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) Any person shall be entitled to be registered under this Act as a public accountant if he proves to the satisfaction of the Board that- (a) He is of good fame and character and is of or above the age of twenty-one years; and (b) (i) He is engaged or is about to engage in the practice of his profession or calling as a public accountant either on his own behalf or in partnership with any other public accountant registered under this Act; or (ii) He is an employee of a public accountant registered under this Act, so engaged in the practice of his profession or calling; or (iii) He has or is about to have the actual personal supervision and management of any place of business whereat a company (including a trustee company) carries on the business of a public accountant; and (c) (i) He has- (1) passed the examinations conducted by the University of Queensland on behalf of the Board; (2) obtained the Certificate in Accountancy of the University of Queensland after passing the due examinations; (3) obtained the Degree in Commerce of the University of Queensland after passing the due examinations; Provided that such examinations shall include examinations in such subjects as are prescribed; (4) obtained the Associate Diploma in Accountancy of the Queensland Institute of Technology after passing the due examinations; (5) obtained the Diploma in Accountancy of the Department of Education after passing the due examinations; (6) passed examinations of any University, college or other educational institution within the Commonwealth of Australia the standard in respect of which the Board is satisfied is equal to or higher than the standard of the examinations required to obtain any of the qualifications specified in subparagraphs (3), (4) or (5) of this subparagraph (c); (7) passed the examinations of, and has been admitted to membership of, any institute, association or other body of accountants which is an approved institute of accountants for the purposes of this Act; or (8) passed the examinations of any institute, association or other body of accountants which, though no longer subsisting at the passing of " The Public Accountants Registration Acts Amendment Act of 1968 " was at some time theretofore an approved institute of accountants for the purposes of this Act, and in every such case has acquired such practical experience as the Board deems sufficient in accountancy work; or (ii) He was at the commencement of this Act, an associate or before the prescribed date became an associate in accountancy of the University of Queensland; or

Public Accountants Registration Acts Amendment Act of 1968, No. 1 3 (iii) He was the holder at the commencement of this Act or before the prescribed date became the holder of the degree of an associate member or a degree of higher status in any approved institute of accountants, or of any institute, association or other body of accountants which, though no longer subsisting at the passing of " The Public Accountants Registration Acts Amendment Act of 1968," was at some time theretofore an approved institute of accountants for the purposes of this Act; or (iv) He was, at the commencement of this Act, engaged in the practice of his profession or calling as a public accountant either on his own behalf or in partnership with any other public accountant and satisfied the Board as to his experience and qualifications as such public accountant; or (v) being at the commencement of this Act, or during a period prior to such commencement but on and from the third day of September, one thousand nine hundred and thirty-nine, having become, a member of the Naval, Military, or Air Forces of the Commonwealth he was, at the date of becoming a member of those forces, engaged in the practice of his profession or calling as a public accountant either on his own behalf or in partnership with any other public accountant."; and (b) in subsection (3) omitting the words and numerals " subparagraphs (iii) and (iv) " and inserting in their stead the words and numerals " subparagraphs (ii) and (iii) ". (c) in subsection (4)- (i) omitting in the first paragraph the words and letters " paragraph (d) or paragraph (e) " and inserting in their stead the words and numerals " subparagraph (iv) or subparagraph (v) of paragraph (c) "; (ii) omitting in the second paragraph- (1) the word and letter " paragraph (d) " and inserting in their stead the words, numeral and letter " subparagraph (iv) of paragraph (c) "; (2) the word and letter " paragraph (e) " and inserting in their stead the words and numeral and letter " subparagraph (v) of paragraph (c) ". (d) in subsection (5) omitting in the general words preceding paragraph (a) the words " of either of the examinations specified in subparagraph (ii) of paragraph (c) of subsection (1) " and inserting in their stead the words " of the examinations specified in subparagraph (1) of subparagraph (i) of paragraph (c) of subsection (1) ". 4. Amendment of s. 21 (4). Subsection (4) of section twenty-one of the Principal Act is amended by omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) The secretary shall, in the month of January each year transmit a list of the public accountants registered under this Act certified to be correct up to the first day of January of that year to the Minister who shall thereupon cause the same to be published in the Gazette as the " List of Public Accountants of Queensland for the year ," followed by the number of the year in which it is published." 5. Amendments of s. 24. Section twenty-four of the Principal Act is amended by- (a) omitting paragraphs (d) and (f); and (b) relettering paragraph (e) as paragraph (d).

4 Public Accountants Registration Acts Amendment Act of 1968, No. 1 6. Amendments of s. 25. Section twenty-five of the Principal Act is amended by- (a) lettering subsection (1) as paragraph (a) thereof and adding to the words " to the Board " in paragraph (a) as so lettered the words " by the Secretary or any member of the public "; (b) adding the following paragraph to subsection (I):- " (b) Without derogating from the provisions of paragraph (a) of this subsection, a complaint or charge may be preferred to the Board by the Secretary or any member of the public in respect of any public accountant where- (i) the public accountant has been convicted in Queensland of an indictable offence which is punishable by imprisonment for twelve months or upwards or has been convicted elsewhere than in Queensland of an act or omission which if done or made by him in Queensland would have constituted such an indictable offence; (ii) the public accountant has been convicted whether in Queensland or elsewhere in respect of an act or omission which in the opinion of the Board renders him unfit to practice as a public accountant; (iii) the public accountant has committed an offence against this Act; (iv) the public accountant has been made bankrupt in the opinion of the Board by reason of circumstances not beyond his control."; (c) in subsection (5) omitting the words " the Board may as it thinks fit punish or deal with him in any one or more of the following ways " and inserting in their stead the words " the Board in its discretion may make any one or more of the following orders"; and (d) adding the following subsection:- " (8) A person who fails to comply with an order of the Board made pursuant to paragraph (c) of subsection (5) of this section commits a continuing offence and is liable to a penalty of ten dollars for each day during which his failure to comply continues.". 7. Amendment of s. 26 (1). Subsection (1) of section twenty-six of the Principal Act is amended by omitting paragraph (b) and inserting in its stead the following paragraph:- (b) From any order of the Board made pursuant to subsection (5) of section twenty-five of this Act; ". 8. Amendments of s. 31 (3). Subsection (3) of section thirty-one of the Principal Act is amended by- (a) lettering the first paragraph thereof as paragraph (a) thereof; (b) in paragraph (a) as lettered by paragraph (a) of this section- (i) omitting subparagraph (a) and inserting in its stead the following subparagraph:-- (i) An association, partnership, or firm the partners whereof who are resident in Australia are public accountants registered under this Act;"; (ii) omitting subparagraph (b) and inserting in its stead the following subparagraph:- " (ii) A trustee company;"; (iii) numbering subparagraph (c) as subparagraph (iii); and

Public Accountants Registration Acts Amendment Act of 1968, No. 1 5 (c) omitting the paragraph commencing with the words " A trustee company" and inserting in its stead the following paragraph:- " (b) A trustee company, company, association, partnership or firm shall not be exempted from subsection (2) of this section by reason of the foregoing provisions of this subsection unless every place of business whereat it carries on the business of a public accountant is under the actual personal supervision and management of a public accountant registered under this Act.". 9. Amendment of s. 36 ( 2). Subsection ( 2) of section thirty-six of the Principal Act is amended by omitting the words " or election ". 10. Amendment of s. 38 (1). Subsection (1) of section thirty-eight of the Principal Act is amended by inserting after the words administration of this Act " the words " including the regulation and control of advertising by public accountants ".