23. Power of Board to appoint auditor

(1)

Where —

(a)

a commodity broker fails to lodge an auditor’s report as is required under regulations made pursuant to section 22(2)(h); or

(b)

the Board receives an auditor’s report on any matter adversely affecting the financial position of the commodity broker or any other matter that the auditor is required to report under regulations made pursuant to section 22(2)(e),the Board may, without affecting its powers under section 28, if it is satisfied that it is in the interests of the commodity broker, the customers of the commodity broker or the general public to do so, appoint in writing an auditor to examine and audit, either generally or in relation to any particular matter, the books, accounts and records of the commodity broker.

(2)

Where the Board is of the opinion that the whole or any part of the costs and expenses of an auditor appointed by it under subsection (1) should be borne by the commodity broker, the Board may, by written order, direct the commodity broker to pay a specified amount, being the whole or part of such costs and expenses, within the time and in the manner specified in the order.

(3)

Where a commodity broker fails to comply with an order under subsection (2), the amount specified in the order may be sued for and recovered by the Board as a debt due to the Board.

(4)

An auditor appointed under this section must, on the conclusion of the examination and audit, make a report thereon to the Board.