Singapore legislation

Clause 8

of Accountants (Amendment) Bill

Clause 8

Amendment of section 20

Section 20 of the Accountants Act is amended —

(a)

by inserting, immediately after the word “capacity” in subsection (1), the words “or of any other improper act or conduct on his part which brings disrepute to his profession or which makes him unfit for his profession”; and

(b)

by deleting subsection (3) and substituting the following subsections:“(3) The Board may require any person making any application or complaint against a public accountant under this section to deposit with the Board a reasonable sum not exceeding $1,000 to cover any costs and expenses as may necessarily be incurred by the Board in dealing with the application or complaint.(3A) Where the application or complaint is found to be frivolous or vexatious or is dismissed under subsection (3D), the sum so deposited or such part thereof as the Board may determine shall be applied for the payment of those costs and expenses; otherwise the sum so deposited shall be returned to the person making the application or complaint.(3B) Where the Board has received any application or complaint under this section or where facts concerning the conduct of a public accountant are brought to the knowledge of the Board which disclose a prima facie case for an inquiry into the matter, the Board shall lay the application, complaint or facts, as the case may be, before an Inquiry Committee which shall inquire into the matter and report its findings to the Board.(3C) In order that the Board may satisfy itself whether any application, complaint or facts referred to in subsection (3B) disclose a prima facie case for an inquiry into the matter, the Board or the Registrar may require —

(a)

the person making the application or complaint; and

(b)

the public accountant against whom the application or complaint is made or in respect of whom the facts relate,to furnish such information or to produce such document as the Board or the Registrar may require.(3D) If any person making an application or complaint against a public accountant refuses or fails, without lawful excuse, to furnish any information or to produce any document as may be required by the Board or the Registrar under subsection (3C), the Board may dismiss the application or complaint.(3E) If any public accountant against whom an application or complaint is made refuses or fails, without lawful excuse, to furnish any information or to produce any document as may be required by the Board or the Registrar under subsection (3C), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.(3F) Where any application, complaint or facts laid before an Inquiry Committee under subsection (3B) arise from the conviction of a public accountant for a criminal offence, the Inquiry Committee and the High Court on any appeal under section 22 shall accept his conviction as final and conclusive.”.