Public Accountants Registration (Amendment) Act 1961 (NSW)

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PUBUC ACCOUNTANTS REGISTRATION

(AMENDMENT) ACT.

Act No. 61, 1961.

An Act to make further provisions as to the consti- Elizabeth n,

tution of the Public Accountants Registration Board; for this and other purposes to amend the Public Accountants Registration Act, 1945-1958; and for purposes connected therewith. [Assented to, 11th December, 1961.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows; —

1.      (1) This Act may be cited as the “Public Account-short title

ants Registration (Amendment) Act, 1961”.

“ d

citation.

(2) The Public Accountants Registration Act, 1945­

1958, is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Public Accountants Registration Act, 1945­ 1961.

2.      ( 1 ) Upon a day to be appointed by the Governor and Reconstitu-

notified by proclamation published in the Gazette (which day

is in this Act referred to as the “appointed day” ) the Public Accountants

Accountants Registration Board shall be reconstituted and

shall consist of live members who shall be appointed in Board,

accordance with section six of the Principal Act as amended

by this section.

(2) Nothing contained in this section shall prejudice or affect in any way the continuity of the body corporate con­ stituted under Part II of the Principal Act but the same shall continue notwithstanding the provisions of this section.

(3)

416                  Public Accountants Registration (Amendment) Act.

No. 61,1961

(3) (a) For the purposes only of the appointment of persons to be members of the Public Accountants Registration Board as reconstituted under this section, and of any matters necessary for or incidental to such appointment or recon­ stitution the provisions of subsection four of this section shall commence upon the day upon which the assent of Her Majesty to this Act is signified.

(b)

The persons so appointed shall assume their

offices as members of the Public Accountants Registration Board upon the appointed day; and on that day the provisions of subsection four of this section shall come into force for all purposes.

Amendment

(4) The Principal Act is amended—

18,1945.

of Act No.

Sec. 5.

(a) by inserting in subsection one of section five after the words “is present” the words “except at an inquiry, investigation or hearing under section twenty-five of this Act” ;

(The

chairman.)

Sec. 6.

(b)

(i) by inserting in paragraph (a) of subsection one of section six after the word “chairman” the words “except as provided in subsection one of section five of this Act” ;

of Board.)

(Members

(ii)   by omitting paragraph (b) of the same sub­ section;

(iii)   by omitting paragraph (d) of the same sub­ section and by inserting in lieu thereof the following paragraph : —

(d)

three shall be appointed by the Governor of whom—

(i)    one shall be a barrister or solici­ tor of not less than five years standing who shall be chairman of an inquiry, investigation or hearing under section twenty- five of this Act;

(ii)   one shall be selected from a panel of names of three registered public accountants nominated by the Council of

the

Public Accountants Registration (Amendment) Act.

417

the New South Wales Branch No. 6i, 1961

of the Institute of Chartered

'

Accountants in Australia;

(iii)   one shall be selected from a panel of names of three registered public accountants nominated by the Council of the New South Wales Division of the Australian Society of Accountants.

(iv)   by omitting from paragraph (a) of subsection two of the same section the letter and symbols “ (b)” ;

(v)   by omitting from paragraph (b) of the same subsection the words “ ‘elected members’ ” and by inserting in lieu thereof the words “ ‘appointed members’ ” ;

(c)

by omitting section seven and by inserting in lieu Subst. thereof the following section : —

7. An appointed member shall hold office for Appointed

such period not exceeding three years as is fixed by

the terms of his appointment.

(d)

(i)

by omitting from paragraph (b) of subsection Sec. 8. two of section eight the word “secretary” and (Vacation by inserting in lieu thereof the word “Minister” ;

(ii)

by omitting subsection three of the same section and by inserting in lieu thereof the following subsection : —

(3) A member of the Board referred to in subparagraph (ii) or (iii) of paragraph (d) of subsection one of section six of this Act shall be deemed to have vacated his office if his registration under this Act as a registered public accountant is suspended or cancelled, or if his name is for any reason removed from the register.

P60057—14

(e)

418                Public Accountants Registration (Amendment) Act.

No. 61, 1961

(e)

(i) by omitting paragraph (a) of subsection one of

Sec. 9.

section nine and by inserting in lieu thereof the

(Filling of

following paragraph ; —

certain

vacancies.)

(a)

(i) Where a casual vacancy occurs in the office of a member referred to in subparagraph (i) of paragraph (d) of subsection one of section six of this Act the Governor may appoint a barrister or solicitor of not less than five years standing to the vacant office.

(ii)

Where a casual vacancy occurs in the office of a member referred to in subparagraph (ii) or (iii) of paragraph (d) of subsection one of section six of this Act the Governor may appoint a regis­ tered public accountant to the vacant office.

(ii)   by omitting subsections two and three of the same section;

Sec. 11.

(f) by omitting paragraph (b) of subsection one of

(Deputies

of official

section eleven;

members.)

Sec. 13.

(Defects in

(g) (i) by omitting from subsection two of section

appoint­

thirteen the words “or election” ;

ments not

to invali­

(ii) by omitting from the same subsection the

date pro­

words “or elected”.

ceedings of the Board.)

PUBLIC

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