- Government
Gazette
14891
-
STATE
PRESIDENT'S
OFFICE
-
- No.
1110.
-
25
June
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- NO.
70
OF
1993:
PUBLIC
ACCOUNTANTS'
AND
AUDITORS'
AMENDMENT
ACT,
1993. GENERAL
EXPLANATORY
NOTE:
-
Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
To
amend
the
Public
Accountants'
and
Auditors'
Act,
1991,
so
as
to
further
regulate
the
general
powers
of
the
Public
Accountants'
and
Auditors'
Board;
to make
further
provision
for
the
limitation
of
liability
of
auditors;
and
to
provide
for
a
certain
inspection
by
that
Board;
and
to provide
for
matters
connected
therewith.
-
(Afrikaans
text
signed
by
the
State
President.)
(Assented
to
17
June
1993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Amendment
of
section
13
of
Act
80
of
1991
-
- 1.
Section
13
of
the
Public
Accountants'
and
Auditors'
Act,
1991,
is hereby
amended
by
the
substitution
for
paragraph
(p)
of
subsection
(1)
of the
following
paragraph:
-
- "(p)
take
any
steps
which
it
may
consider
expedient
for
the
maintenance
of
the
integrity,
the
enhancement
of
the
status,
and
the maintenance
and
improvement
of
the
standards
of
professional
qualifications
and
of
the
competence,
of
accountants
and
-
auditors
and
encourage
research
in
connection
with
problems
relating
to any
matter
affecting
the
accounting
profession;".
-
- Amendment
of
section
20
of
Act
8O
of
1991
-
- 2.
Section
20
of
the
Public
Accountants'
and
Auditors'
Act,
1991,
is hereby
amended
by
the
insertion
after
subsection
(9)
of
the
following
subsection:
-
- "(9A)
Nothing
in
subsection
(9)
contained
shall
be
construed
as
conferring
upon
any
person
any
right
of
action
against
an
auditor
which,
but for
the
provisions
of
that
subsection,
he
would
not
have
had.".
-
- Insertion
of
section
22A
in
Act
80
of
1991
-
- 3.
The
following
section
is
hereby
inserted
in
the
Public
Accountants'
and Auditors'
Act,
1991,
after
section
22>2:
-
- "Inspection
by
board
-
- 22A.
(1)
For
the
purposes
of
section
13(p)
the
board,
or
any
person
from
time
to
time
authorized
thereto
by
the
board,
may
review
the
practice
of
an
accountant
and
auditor
and
may
inspect
any
book,
-
document
or
thing
in
the
possession
or
under
the
control
of
an
accountant
and
auditor.
-
(2)
An
accountant
and
auditor
shall,
at
the
request
of
the
board,
or the
person
authorized
thereto
by
the
board,
produce
a
book,
document
-
or
thing
and
shall
not,
subject
to
the
provisions
of
any
other
law,
-
refuse
to
produce
such
book,
document
or
thing,
even
though
he
is
of
-
the
opinion
that
that
book,
document
or
thing
contains
confidential
information
of
his
client.
-
- (3)
An
accountant
and
auditor
who
acts
in
good
faith
during
the
review
of
his
practice
or
such
inspection,
and
who
produces
a
book,
document
or
thing
under
subsection
(2),
shall
not
be
held
liable
criminally
or
under
the
civil
law
as
a
result
thereof.
-
- (4)
Any
person
who
is
or
was
concerned
in
the
performance
of
any
function
under
this
section,
shall
not
disclose
any
information
which he
obtained
in
the
performance
of
such
a
function
except-
-
- (a)
for
the
purposes
of
an
investigation
under
section
23
or
a
hearing
under
section
24;
-
- (b)
to
any
person
authorized
thereto
by
the
board
and
who
of
necessity
requires
it
for
the
performance
of
his
functions
under
this
Act;
-
- (c)
if
he
is
a
person
who
of
necessity
supplies
it
in
the
performance
of his
functions
under
this
Act;
-
- (d)
when
required
to
do
so
by
order
of
a
court
of
law;
or
-
- (e)
at
the
written
request
of
an
attorney-general,
to
any
competent
authority
which
requires
it
for
the
institution,
or
an
investigation
with a
view
to
the
institution,
of
any
criminal
prosecution.
-
- (5)
Any
person
who-
-
- (a)
refuses
or
fails
to
produce
a
book,
document
or
thing
under
subsection
(2);
-
- (b)
contravenes
subsection
(4);
or
-
- (c)
obstructs
or
hinders
any
person
in
the
performance
of
his
functions
under
this
section,
-
- shall
be
guilty
of
an
offence
and
liable
on
conviction
to
a
fine,
or to
imprisonment
for
a
period
not
exceeding
one
year.".
-
- Short
title
-
- 4.
This
Act
shall
be
called
the
Public
Accountants'
and
Auditors'
Amendment
Act,
1993.
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