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Auditing Profession Act, 2005 (Act No. 26 of 2005)

Chapter VI : Offences

53. Offences relating to investigation and disciplinary process

[Section 53 heading substituted by section 20 of the Auditing Profession Amendment Act, 2021 (Act No. 5 of 2021), Notice No. 228 of GG44493, dated 26 April 2021]

 

(1) A person is guilty of an offence if he or she—
(a) without sufficient cause, refuses or fails to comply with any reasonable request by an official authorised by the Regulatory Board in connection with the conduct of an investigation;
(b) interferes with or hinders the conduct of an investigation or a disciplinary process;
(c) fails, without sufficient cause, to comply with a subpoena in terms of section 48 or 50;
(d) having been called under section 50, refuses to be sworn in or to be affirmed as a witness or fails without sufficient cause to answer fully and satisfactorily to the best of the person’s knowledge and belief all questions lawfully put concerning the subject of the hearing; or
(e) having been duly sworn in or having made an affirmation under section 50, gives a false answer to any question lawfully put to the witness or makes a false statement on any matter, knowing the answer or statement to be false.

 

(2) A person convicted of an offence under this section is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

[Section 53 substituted by section 20 of the Auditing Profession Amendment Act, 2021 (Act No. 5 of 2021), Notice No. 228 of GG44493, dated 26 April 2021]