Page:Accountants Act 2004.pdf/35

Rh Complaints against public accountants, accounting corporations and accounting firms

40.—(1) Any complaint concerning—
 * (a) any improper or dishonourable conduct on the part of a public accountant in the discharge of his professional duty; or
 * (b) any improper act or conduct on the part of a public accountant, an accounting corporation or an accounting firm,

shall be made to the Oversight Committee in writing and shall be supported by such statutory declaration as the Oversight Committee may require, except that no statutory declaration shall be required if the complaint or information is made or given by any public officer or officer of the Authority.

(2) The Oversight Committee may require any person making a complaint to deposit with it a reasonable sum not exceeding $1,000 to cover the costs and expenses that may necessarily be incurred by the Oversight Committee in dealing with the complaint.

(3) Where the complaint is dismissed under section 41(6) or is otherwise found to be frivolous or vexatious following a review or inquiry under this Part, the sum so deposited or such part thereof as the Oversight Committee 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 complaint.

(4) Any person who makes a complaint to the Oversight Committee under this Part which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Review of complaint

41.—(1) Subject to subsection (2), the Oversight Committee shall, upon receiving any complaint under section 40, refer the complaint to the Registrar for review.

(2) The Oversight Committee may also, on its own motion, refer any information concerning any improper or dishonourable act or conduct of a public accountant, an accounting corporation or an accounting firm to the Registrar for review.