Financial Reporting Amendment Act 2014

1: Title
This Act is the Financial Reporting Amendment Act 2014.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: To the extent that it has not previously been brought into force under subsection (1), the rest of this Act comes into force on 1 April 2017. Section 2(1) brought into force 1 July 2015 Financial Reporting Amendment Act 2014 Commencement Order 2015
1: Amendments to Financial Reporting Act 2013
3: Principal Act
This Act amends the Financial Reporting Act 2013 principal Act OIC LI 2015/114 2015-07-01 Financial Reporting Act 2013
4: Section 5 amended (Interpretation)
In section 5(1) accredited body approved association Institute qualified statutory accountant
a: a chartered accountant (within the meaning of section 19 of the New Zealand Institute of Chartered Accountants Act 1996); or
b: a member of an accredited body (other than the Institute) who holds the full professional designation of that body (for example, a certified practising accountant); or
c: recognised under section 36S Registrar .
5: New section 9A inserted (Transitional, savings, and related provisions)
After section 9
9A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule have effect according to their terms.
6: Section 34 amended (Purpose and application)
1: After section 34(1)(b)
c: offences for an unqualified person to act as an auditor or to hold himself, herself, or itself out as being a qualified auditor.
2: In section 34(2) of the entity or of its financial statements
7: Section 36 amended (Qualifications of auditor)
1: In section 36(1) of a specified entity (or of its financial statements)
2: Replace section 36(1)(a)
a: the person is—
i: a chartered accountant (within the meaning of section 19 of the New Zealand Institute of Chartered Accountants Act 1996); and
ii: recognised by the Institute, in accordance with the rules of that body, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; or
ab: the person is—
i: a member of an accredited body; and
ii: recognised by the accredited body, in accordance with the rules of that body, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; or .
3: In section 36(1)(c)(i) Registrar of Companies Registrar in accordance with section 36A(1)
4: After section 36(1)(c)(i)
ia: the person is recognised by the association, in accordance with the rules of that association, as being eligible to act as an auditor in respect of entities of the same kind as the specified entity; and .
5: In section 36(1)(d)(ii) Registrar of Companies by notice in the Gazette Registrar by notice in the Gazette section 36A(2)
6: After section 36(1)(d)
e: the person is a company, or an overseas company, that is a registered audit firm; or
f: the person is a company that is recognised, in accordance with section 36C
g: the person is an overseas company that—
i: is recognised, in accordance with section 36C
ii: is incorporated or constituted in a country, State, or territory that is approved for the time being under section 36D
iii: has a legal structure that is approved for the time being under section 36D
7: In section 36(2)(a) unless he or she is a licensed auditor unless he, she, or it is a licensed auditor or a body corporate that is a registered audit firm
8: In section 36(4) auditor of a specified entity (or of its financial statements)
9: Replace section 36(4)(d)
d: a body corporate (unless the body corporate is a registered audit firm or recognised as referred to in subsection (1)(f) or (g) .
10: After section 36(5)
6: A notice in the Gazette section 36D
8: New sections 36A to 36T and cross-heading inserted
After section 36
36A: Power of Registrar of Companies to approve associations and auditors
1: The Registrar may, after receiving an application from an association of accountants, approve the association under section 36(1)(c)(i) if, after taking into account the prescribed matters (if any), the Registrar is satisfied that the association satisfies the requirements that are prescribed for the purposes of this subsection.
2: The Registrar may, after receiving an application from a natural person, approve the person under section 36(1)(d)(ii) if, after taking into account the prescribed matters (if any), the Registrar is satisfied that the person—
a: satisfies the requirements that are prescribed for the purposes of this paragraph; and
b: satisfies the minimum standards that are prescribed for the purposes of this paragraph.
3: An application under subsection (1) or (2)
4: The Registrar may, by written notice given to an association or other person,—
a: impose conditions on the approval of that association or person under section 36(1)(c)(i) or (d)(ii); and
b: vary, revoke, add to, or substitute any such conditions at any time.
5: The Registrar may impose any conditions that the Registrar thinks fit (for example, conditions that impose limits or restrictions on the ability of an approved association to recognise its members or conditions that impose limits or restrictions on the types of audits that a person approved under section 36(1)(d) may carry out).
36B: Approved associations and persons must report to Registrar
1: Every approved association and every person who is approved under section 36(1)(d) must, at the prescribed times or on the occurrence of the prescribed events and otherwise in the prescribed manner, send to the Registrar reports that contain the prescribed information (together with a prescribed fee).
2: If an approved association ( A section 36A(1)
a: must, as soon as practicable, give written notice of that non-compliance to the Registrar; and
b: must cease to give recognition under section 36(1)(c)(ia)
3: If a person who is approved under section 36(1)(d) ( B section 36A(2)
a: must, as soon as practicable, give written notice of that non-compliance to the Registrar; and
b: must not act as the auditor of a specified entity or of its financial statements.
4: If an approved association or a person who is approved under section 36(1)(d) fails to comply with this section, the approval of that association or person is treated as suspended until—
a: a date specified in a notice given by the Registrar to the association or person; or
b: the approval is cancelled under section 36I
36C: Institute, accredited bodies, and approved associations may recognise body corporate as eligible to act as auditor
1: The Institute, any other accredited body, or an approved association may recognise a company or an overseas company for the purposes of section 36(1)(f) or (g)
a: satisfies the requirements that are prescribed for the purposes of this paragraph; and
b: satisfies the minimum standards that are prescribed for the purposes of this paragraph; and
c: has at least 1 director who is—
i: a member of the Institute, accredited body, or approved association; and
ii: a qualified auditor under any of paragraphs (a) to (d) section 36(1)
2: Recognition may relate to all specified entities or to 1 or more kinds of specified entities.
36D: Registrar of Companies may approve overseas countries and legal structures
1: The Registrar may, by notice in the Gazette section 36(1)(g)
a: a country, State, or territory; and
b: a specified legal structure of that country, State, or territory (for example, a company incorporated under the law of a particular overseas country).
2: The Registrar must, before approving a country, State, or territory and a legal structure, be satisfied that—
a: the law or the regulatory requirements of that country, State, or territory impose requirements relating to auditor independence that are equivalent to, or as satisfactory as, the requirements that apply to New Zealand auditors; and
b: entities that have that legal structure are eligible to act as an auditor in that country, State, or territory.
3: The Registrar may not approve as a legal structure any kind of overseas limited partnership (within the meaning of section 4 of the Limited Partnerships Act 2008).
36E: Institute, accredited bodies, and approved associations must keep recognition under review
1: The Institute, any other accredited body, or an approved association that recognises any person for the purposes of section 36(1)
2: The purpose of the review is to provide reasonable assurance that the requirements and minimum standards for recognition continue to be satisfied.
3: The systems must include an annual review of each person who is recognised (for example, by requiring the person to verify that the requirements and any minimum standards for recognition continue to be satisfied).
36F: Body corporate must ensure that engagement director is qualified auditor
1: If a body corporate ( A section 36(1)(e), (f), or (g) paragraphs (a) to (d) section 36(1)
2: In this section, engagement director
36G: Recognised body corporate must not act if requirements no longer met
If a body corporate ( A section 36(1)(f) or (g) section 36C
a: must not act as the auditor of a specified entity or of its financial statements; and
b: must, as soon as practicable, give written notice of that non-compliance to the Institute, the accredited body, or the approved association that recognised A.
36H: Offence relating to section 36F or 36G
1: If a body corporate ( A section 36F or 36G
a: A commits an offence and is liable on conviction to a fine not exceeding $150,000; and
b: every director of A also commits an offence and is liable on conviction to a fine not exceeding $50,000.
2: It is a defence to a director charged with an offence in relation to the duty imposed under section 36F or 36G
a: A took all reasonable and proper steps to ensure that the duty would be complied with; or
b: he or she took all reasonable steps to ensure that A complied with the duty; or
c: in the circumstances, he or she could not reasonably have been expected to take steps to ensure that A complied with the duty.
36I: Cancellation or suspension of recognition or approval
1: The Institute, any other accredited body, or an approved association may, in accordance with its rules, cancel or suspend its recognition of a person for the purposes of section 36(1)(a) or (ab) or (c)(ia)
2: The Institute or any other accredited body may cancel or suspend the recognition of a person for the purposes of section 36(1)(a) or (ab)
a: the person is or was subject to an arrangement referred to in section 36T
b: the Institute or body is satisfied that—
i: the person has failed to comply with that arrangement in any material respect; or
ii: the term of the arrangement has ended.
3: The Registrar may—
a: cancel or suspend his or her approval of an association for the purposes of section 36(1)(c) if the Registrar considers that the association does not satisfy, or no longer satisfies, the requirements prescribed for the purposes of section 36A(1)
b: cancel or suspend his or her approval of a person for the purposes of section 36(1)(d) if the Registrar considers that the person does not satisfy, or no longer satisfies, the requirements or minimum standards prescribed for the purposes of section 36A(2)(a) or (b)
c: cancel or suspend his or her approval of an association or a person for the purposes of section 36(1)(c) or (d) if the Registrar considers that the association or person has failed to comply with any conditions under section 36A(4)
d: cancel his or her approval of an association or a person for the purposes of section 36(1)(c) or (d) on the written request of the association or person.
4: The Institute, any other accredited body, or an approved association may—
a: cancel or suspend its recognition of a person for the purposes of section 36(1)(f) or (g) section 36C(1)(a) or (b)
b: cancel its recognition of a person for the purposes of section 36(1)
5: A suspension under—
a: subsection (1), (2), or (4)
b: subsection (3)
6: If a person that has been recognised for the purposes of section 36(1)(f) or (g) section 36C(1)(c)
7: If the Institute, an accredited body, an approved association, or the Registrar cancels the recognition or approval of a person ( A
36J: Effect of cancellation or suspension of accreditation or approval on recognition under section 36
1: If the accreditation of the Institute or of an accredited body ( A
a: cancelled under section 59 of the Auditor Regulation Act 2011, any recognition given by A and referred to in section 36(1)
b: suspended under section 59 of that Act, any recognition given by A and referred to in section 36(1)
2: If the approval of an association ( A
a: cancelled by the Registrar, any recognition given by A and referred to in section 36(1)(c), (f), or (g)
b: suspended by the Registrar, any recognition given by A and referred to in section 36(1)(c), (f), or (g)
3: Subsection (1) or (2) section 36(1)
36K: Registrar of Companies may authorise person to continue to act in respect of audit despite cancellation or suspension under section 36J
1: This section applies if—
a: a person's recognition is cancelled or suspended under section 36J
b: the person is acting, or has been appointed to act, as the auditor in respect of an audit at the time that the recognition is cancelled or suspended.
2: The Registrar may authorise the person to act, or to continue to act, as the auditor in respect of the audit on the terms and conditions that the Registrar thinks fit.
3: The person may act, or continue to act, as the auditor in respect of the audit in accordance with the terms and conditions of the authorisation (and, for the purposes of that audit, the person's recognition must be treated as continuing).
36L: Notification of recognised and approved persons
1: The Institute, any other accredited body, or an approved association must,—
a: as soon as practicable after recognising a person ( A
b: as soon as practicable after cancelling or suspending such recognition, give A written notice of the cancellation or suspension.
2: The Registrar must,—
a: as soon as practicable after approving a person ( B
b: as soon as practicable after cancelling or suspending such approval, give B written notice of the cancellation or suspension.
3: Every notice of suspension given under subsection (1)(b) or (2)(b)
36M: Records of recognised persons
1: The Institute, any other accredited body, or an approved association must—
a: keep a record of all persons that the Institute, accredited body, or approved association (as the case may be) has recognised for the purposes of section 36(1)
b: keep available a record of the persons recognised by it, at all reasonable times, on an Internet site maintained by or on behalf of the Institute, body, or association.
2: The purpose of subsection (1)(b)
3: For the purposes of subsection (1)(b)
a: the record must include the following information about each recognised person:
i: the full name of the person:
ii: the town or city in which the person's principal place of business in New Zealand is located (unless subparagraph (iii)
iii: in the case of recognition under section 36(1)(c)(ia)
iv: the conditions or limitations on the recognition (if any); and
b: the record must be reasonably prominent on the Internet site or the Internet site must contain a reasonably prominent link to the record.
4: A record under subsection (1) section 36I(6)
5: A person that fails to comply with subsection (1) or (3)
36N: Register of approved persons
1: The Registrar must keep a register of all persons that the Registrar has approved for the purposes of section 36(1)(c) or (d).
2: The purpose of the register is to enable any person to determine whether a person is approved for the purposes of section 36(1) and, if so, to obtain relevant information relating to the approval.
3: The register may—
a: be an electronic register; or
b: be kept in any other manner that the Registrar thinks fit.
4: The register must contain the following information about each approved person:
a: the full name of the person:
b: the town or city in which the person's principal place of business is located:
c: the conditions or limitations on the approval (if any):
d: any other prescribed information.
36O: Search of register
1: A person may search the register kept under section 36N
2: The register may be searched only by reference to the contents of the register required by section 36N
3: A search of the register may be carried out only by the following persons for the following purposes:
a: a person, for a purpose referred to in section 36N(2)
b: a person, for the purpose of advising another person in connection with any of the purposes referred to in this subsection:
c: an individual, or a person with the consent of the individual, for the purpose of searching for information about that individual.
36P: Appeals in respect of recognition or approval matters
1: A person may appeal to a District Court against any decision of the Institute, an accredited body, an approved association, or the Registrar—
a: to decline to recognise the person for the purposes of section 36(1); or
b: to decline to approve the person for the purposes of section 36(1)(d); or
c: to cancel or suspend that recognition or approval.
2: An association may appeal to a District Court against any decision of the Registrar—
a: to decline to approve the association for the purposes of section 36(1)(c)(i); or
b: to cancel or suspend that approval.
3: Subsection (1)
4: Subsection (1) sections 36R to 36T
5: An appeal to a District Court under this section must be brought—
a: in accordance with the rules of court; and
b: within 20 working days after notice of the decision is communicated to the appellant, or within any further time a District Court Judge allows on application made before or after the period expires.
36Q: False declarations and representations
1: Every person commits an offence who, for the purpose of obtaining or maintaining recognition or approval for the purposes of section 36(1)
a: either orally or in writing, makes any declaration or representation to the Institute, another accredited body, an approved association, or the Registrar that, to the person's knowledge, is false or misleading in any material particular; or
b: provides to the Institute, another accredited body, an approved association, or the Registrar any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine; or
c: makes use of any document knowing that the document—
i: contains any declaration or representation that is false or misleading in any material particular; or
ii: is not genuine.
2: A person who commits an offence under subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000.
36R: Exemption from membership requirement for certain members of religious societies or orders
1: Section 36(1)(a)(i) or (ab)(i) A
a: the relevant body is satisfied that A is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which A is a member; and
b: the relevant body has entered into a written arrangement with A that complies with section 36T
2: The exemption under subsection (1)
a: the relevant body ceases to be satisfied as referred to in subsection (1)(a)
b: the arrangement is terminated or otherwise comes to an end (unless a subsequent arrangement that complies with section 36T
3: See section 36I(2)
4: In this section, relevant body
a: in relation to section 36(1)(a)(i)
b: in relation to section 36(1)(ab)(i)
36S: Institute or other accredited body may recognise as qualified statutory accountants certain members of religious societies or orders
1: Subsection (2)
a: the Institute or another accredited body is satisfied that a person ( A
b: the Institute or other accredited body has entered into a written arrangement with A that complies with section 36T
c: the Institute or other accredited body is satisfied that A—
i: has satisfactory competence, qualifications, and experience to act as a qualified statutory accountant; and
ii: is otherwise a fit and proper person to be a qualified statutory accountant.
2: The Institute or other accredited body may recognise A as a qualified statutory accountant by including a statement of that recognition in or with the arrangement under section 36T
3: The recognition under subsection (2)
a: the Institute or other accredited body ceases to be satisfied as referred to in subsection (1)(a)
b: the arrangement is terminated or otherwise comes to an end (unless a subsequent arrangement that complies with section 36T
36T: Requirements for arrangement
1: For the purposes of section 36R or 36S
a: state that the arrangement is entered into for the purposes of this section; and
b: include a binding agreement by A to be subject to the following:
i: the rules relating to the investigation of complaints against a member or former member of the Institute or other accredited body:
ii: the rules relating to the hearing of complaints and other matters by a disciplinary body:
iii: the rules relating to appeals from decisions of a disciplinary body:
iv: the rules relating to the kinds of conduct for which a member or former member of the Institute or other accredited body may be disciplined:
v: the rules relating to the actions that may be taken in respect of, and the penalties that may be imposed on, a member or former member of the Institute or other accredited body for such conduct:
vi: in the case of section 36R section 36(1)(a)(ii) or (ab)(ii)
vii: the code of ethics that governs the professional conduct of the members of the Institute or other accredited body.
2: The arrangement may provide for any other matters that the Institute or other accredited body thinks fit, including matters—
a: relating to practice reviews:
b: relating to continuing professional development:
c: relating to reports and access to information:
d: to promote compliance with the requirements imposed by or under any enactment that relate to the conduct of audits or other accounting engagements:
e: to promote compliance with auditing and assurance standards and financial reporting standards:
f: to otherwise promote reasonable care, diligence, and skill in the carrying out of audits or other accounting engagements:
g: relating to the payment of fees:
h: relating to the term of the arrangement.
3: Without limiting the means of enforcing the arrangement, the arrangement is binding on A as if A were a member of the Institute or other accredited body.
4: In this section,— disciplinary body rules Appointment of partnership .
9: New sections 39A and 39B and cross-heading inserted
After section 39 Offences concerning unqualified persons
39A: Offence for unqualified auditor to act
1: A person who acts as the auditor of a specified entity or of its financial statements commits an offence if the person is not a qualified auditor in respect of the entity.
2: A person who commits an offence under subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000.
39B: Offence to hold out as qualified auditor or as approved person
1: A person must not hold out that the person is—
a: recognised for the purposes of section 36(1)(a), (ab), (c)(ia), (f), or (g)
b: approved for the purposes of section 36(1)(c) or (d) if the person is not so approved; or
c: qualified to act as the auditor of a specified entity or of its financial statements if the person is not a qualified auditor in respect of the entity.
2: A person who fails to comply with subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000.
10: Section 45 amended (Meaning of large)
Replace section 45(3)
3: Despite subsections (1) and (2), an entity is not large in respect of an accounting period ( period A
a: the entity was an inactive entity in respect of period A; and
b: the entity, within 5 months after the end of period A, delivers to the Registrar a declaration, in the prescribed form, stating that it was an inactive entity in respect of period A.
11: Section 48 amended (Minister must regularly review amounts to take into account inflation)
In section 48(1)(a) of this Act , section 42D
12: Section 49 amended (Order may amend amounts)
After section 49(c)
ca: amending the amounts specified in section 42D .
13: Section 50 amended (Regulations)
1: After section 50(1)(a)
ab: prescribing matters that must be taken into account under section 36A(1) or (2) or 36C
ac: prescribing requirements for the purposes of section 36A(1) or (2)(a)
ad: prescribing requirements for the purposes of section 36C(1)(a)
i: ownership, including requirements relating to who may be a shareholder or member and who may exercise voting rights (for example, requiring all or a majority of voting rights to be held by members of the Institute, an accredited body, or an approved association):
ii: governance, including requirements relating to who may be a director or senior manager (for example, requiring all or a majority of directors to be members of the Institute, an accredited body, or an approved association):
iii: systems, policies, and procedures that relate to any of the following:
A: promoting compliance with the requirements imposed by or under any enactment that relates to the conduct of audits:
B: promoting compliance with auditing and assurance standards:
C: promoting reasonable care, diligence, and skill in the carrying out of audits:
iv: professional indemnity insurance:
ae: prescribing minimum standards for the purposes of section 36A(2)(b) or 36C(1)(b)
af: prescribing fees payable in respect of applications under section 36A section 36B(1)
ag: prescribing matters relating to reports under section 36B
ah: prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register kept under section 36N
i: the operation of the register:
ii: the form of the register:
iii: the information to be contained in the register:
iv: access to the register:
v: search criteria for the register:
vi: circumstances in which amendments must be made to the register:
ai: prescribing a form for the purposes of section 45(3) .
2: Replace section 50(2)
2: Any regulations made under subsection (1)(ad)
a: specify the terms and conditions upon which insurance is to be available and any circumstances in which the insurance cover may be excluded or modified:
b: specify the minimum terms and conditions that an insurance policy must satisfy:
c: specify circumstances in which a body corporate or any class of bodies corporate are exempt from the requirements:
d: require a body corporate to have arrangements in place that ensure that an accredited body or approved association can ascertain whether the insurance is being maintained in accordance with the regulations.
3: For the purposes of subsection (1)(af)
a: regulations may authorise the Registrar to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of the fee in relation to any person or class of persons:
b: the Registrar may refuse to perform a function or exercise a power until the prescribed fee is paid:
c: any fee payable under the regulations is recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Registrar.
4: Different requirements, dates, methods, or other matters may be prescribed under the regulations in respect of different classes of persons or different circumstances.
14: Section 51 amended (Levies)
Replace section 51(3)(a)
a: qualified statutory accountants; and .
15: New subpart 1A of Part 3 inserted
After section 53
1A: Unqualified person must not hold out as qualified statutory accountant
53A: Offence to hold out as qualified statutory accountant
1: If any enactment requires a qualified statutory accountant to act in respect of a matter, a person must not hold out that the person is qualified to act in respect of the matter if the person is not a qualified statutory accountant.
2: A person who fails to comply with subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in the case of a body corporate, a fine not exceeding $150,000.
16: New Schedule inserted
After section 61 Schedule Schedule 1
2: Amendments to other Acts
17: Amendments to other Acts
Amend the enactments specified in Schedule 2 OIC LI 2015/114 2015-07-01 Companies Act 1993 Education Act 1989 Electoral Act 1993 Financial Advisers Act 2008 Financial Markets Conduct Act 2013 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Gambling Act 2003 Lawyers and Conveyancers Act 2006 Limited Partnerships Act 2008 Prisoners' and Victims' Claims Act 2005 Privacy Act 1993 Private Schools Conditional Integration Act 1975 Protection of Personal and Property Rights Act 1988 Public Audit Act 2001 Racing Act 2003 Real Estate Agents Act 2008 Receiverships Act 1993 Retirement Villages Act 2003 Trustee Act 1956 Unclaimed Money Act 1971


1: Title
This Act is the New Zealand Institute of Chartered Accountants Amendment Act 2014.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: To the extent that it has not previously been brought into force under subsection (1), the rest of this Act comes into force on 1 April 2017. Section 2(1) brought into force 25 November 2014 New Zealand Institute of Chartered Accountants Amendment Act 2014 Commencement Order 2014 Section 2(1) brought into force 1 July 2015 New Zealand Institute of Chartered Accountants Amendment Act 2014 Commencement Order 2015
3: Principal Act
This Act amends the New Zealand Institute of Chartered Accountants Act 1996 principal Act OIC LI 2014/351 2014-11-25 New Zealand Institute of Chartered Accountants Act 1996 comes into force on 25 November 2014 by LI 2014/351 except for sections 8(2), 11 and 13. OIC LI 2015/116 2015-07-01 New Zealand Institute of Chartered Accountants Act 1996 Sections 8(2), 11, 13 into force on 1 July 2015 by LI 2015/116/2
4: Section 2 amended (Interpretation)
In section 2 Executive Board specified association section 8A
5: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 5 amended (Functions of Institute)
1: Before section 5(a)
aa: to carry out the duty imposed under section 5A
2: Replace section 5(b)
b: to promote the profession of accountancy by its members in New Zealand:
7: New sections 5A to 5C inserted
After section 5
5A: Duty to control and regulate profession of accountancy practised by members in New Zealand
1: The Institute must, with reasonable skill and care, control and regulate the practice of the profession of accountancy by its members in New Zealand.
2: The duty under subsection (1) includes—
a: maintaining, complying with, monitoring compliance with, and enforcing the rules referred to in section 6(1)(f) to (ja) (which relate to the investigation and hearing of complaints and other matters, appeals, disciplinary matters, and the recognition of auditors); and
b: maintaining, monitoring members' compliance with, and enforcing professional and ethical standards, including the code of ethics required by section 7; and
c: monitoring members' compliance with the Auditor Regulation Act 2011 and other enactments that relate to the practice of accountancy; and
d: monitoring compliance with, and enforcing, section 14; and
e: complying with the Institute's duties—
i: as an accredited body under the Auditor Regulation Act 2011; and
ii: that are imposed on the Institute (by name) under any other enactment.
5B: Institute must perform duty to control and regulate profession but may delegate other functions
1: The Institute must not delegate the duty under section 5A
2: The Institute may delegate the functions specified in section 5(a), (b), (c), and (d) (except to the extent that those functions relate to the duty in section 5A
3: Subsection (2) is subject to subsection (1).
5C: Specified association may act in its own interests rather than Institute's interests
1: This section applies to the specified association if any functions referred to in section 5B(2)
2: The specified association may, when performing a delegated function, act in a manner that the association believes is in the best interests of the association (or its members) even though it may not be in the best interests of the Institute (or the Institute's members).
3: Subsection (2) does not permit the specified association to act in a manner that may materially prejudice the Institute's ability to carry out the duty imposed under section 5A
8: Section 6 amended (Rules of Institute)
1: Repeal section 6(1)(d)
2: After section 6(1)(j)
ja: the recognition of persons for the purposes of sections 36(1)(a) and 36C
jb: the powers of a person to whom functions are delegated under section 5B(2)
3: In section 6(4) Council Executive Board
9: Section 7 amended (Code of ethics)
1: In section 7(2), (4), and (5) Council Executive Board
2: Repeal section 7(3)
3: After section 7(5)
6: The code of ethics prescribed by the Council and that is in force immediately before the commencement of this subsection continues in force and may be amended, revoked, or replaced by the Executive Board under subsection (4).
10: New section 7A inserted (Membership rules may require membership of specified association)
After section 7
7A: Membership rules may require membership of specified association
1: The rules that relate to the matters referred to in section 6(1)(b) (admission of members and the cessation of membership) may provide for either or both of the following:
a: that a person may be admitted as a member of the Institute only if the person is a member of the specified association:
b: that a person ceases to be a member of the Institute if the person—
i: does not become a member of the specified association in accordance with the rules; or
ii: ceases to be a member of the specified association.
2: Those rules may provide for a cessation referred to in subsection (1)(b) to be automatic or to occur after a specified process.
3: This section does not limit section 6(1)(b) (and, in particular, the ability to provide for other requirements for the admission of members).
11: Section 8 amended (Application of Part 3 of Legislation Act 2012 to certain rules and code of ethics)
In section 8(a) (j) (jb)
12: New sections 8A and 8B and cross-heading inserted
After section 8 Provisions concerning specified association
8A: Specified association
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Commerce, declare an association of accountants to be the specified association for the purposes of this Act.
2: The Minister of Commerce may make a recommendation under subsection (1) only after consulting the Institute.
3: In this section, association of accountants
8B: Members of Council or Executive Board may act in best interests of specified association rather than Institute
1: This section applies to a person ( A
a: the Council:
b: the Executive Board.
2: A may, when exercising powers or performing duties as a member of the Council or the Executive Board, if expressly permitted to do so by the rules of the Institute, act in a manner that he or she believes is in the best interests of the specified association (or its members) even though it may not be in the best interests of the Institute (or the Institute's members).
3: Subsection (2) does not permit A to act in a manner that may materially prejudice the Institute's ability to carry out the duty imposed under section 5A
13: Section 15 repealed (Accountants and auditors must be qualified)
Repeal section 15
14: Sections 21 to 24 and Schedules 3 to 5 repealed
Repeal sections 21 to 24 Schedules 3 to 5
15: New Schedule inserted
Before Schedule 1 Schedule
16: Schedule 1 amended
In Schedule 1 Council Executive Board


Trade (Safeguard Measures) Act 2014

1: Title
This Act is the Trade (Safeguard Measures) Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Safeguard investigations, provisional safeguard duty, and safeguard measures
3: Purpose
The purpose of this Act is to enable New Zealand to apply safeguard measures and provisional safeguard duties at its border in accordance with the Agreement establishing the World Trade Organization adopted at Marrakesh on 15 April 1994 (the WTO Agreement
a: provide temporary protection to a domestic industry from serious injury caused by increased imports; and
b: facilitate adjustment by a domestic industry to increased competition from increased imports.
4: Overview of safeguards
1: Safeguard measures and provisional safeguard duties imposed under this Act are trade remedies.
2: Trade remedies are remedies against certain imports that are causing injury to New Zealand industries.
3: New Zealand's other trade remedies are—
a: anti-dumping duties under the Trade (Anti-dumping and Countervailing Duties) Act 1988
b: countervailing duties under the Trade (Anti-dumping and Countervailing Duties) Act 1988
c: transitional safeguard measures (including provisional ones) under sections 15A to 15H or group of countries
4: This section is intended as a guide only. Section 4(3)(a) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(3)(b) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(3)(c) amended 1 May 2024 section 102 European Union Free Trade Agreement Legislation Amendment Act 2024
5: Interpretation
In this Act, unless the context otherwise requires,— chief executive Customs directly competitive goods domestic industry
a: producers who produce like goods or directly competitive goods in New Zealand; or
b: producers whose collective production constitutes a major proportion of the production in New Zealand of like goods or directly competitive goods extended safeguard duty section 23(2)(a) extended safeguard measure section 23(2) import section 5(1) increased imports like goods
a: goods that are like the imported goods in all respects; or
b: in the absence of goods referred to in paragraph (a) Minister Ministry provisional safeguard duty section 14(1) safeguard duty section 19(2)(a) safeguard investigation section 8 safeguard measure section 18 serious injury threat of serious injury working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year. Section 5 import amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
6: Act binds the Crown
This Act binds the Crown.
7: Notification of decision or report
1: For the purposes of this Act, a reference to notifying a decision
a: in the Gazette
b: free of charge, at all reasonable times, on an Internet site maintained by, or on behalf of, the Ministry.
2: For the purposes of this Act, a reference to notifying a report Gazette
a: the report has been made and the date on which it was made; and
b: a copy of the report is available for inspection during working hours, free of charge, and the place at which it can be inspected; and
c: a copy of the report is available on an Internet site, free of charge, and the Internet site address.
3: In addition to notifying a report as provided in subsection (2)
a: for inspection, during working hours, free of charge at the head office of the Ministry; and
b: free of charge, at all reasonable times, on an Internet site maintained by, or on behalf of, the Ministry.
4: A failure to notify a decision or report under subsection (1) or (2) subsection (3) Safeguard investigation
8: Initiation of safeguard investigation
1: The Minister may initiate a safeguard investigation by the chief executive into increased imports if the Minister is satisfied that there are reasonable grounds for an investigation into whether increased imports are causing serious injury or a threat of serious injury.
2: The Minister may initiate a safeguard investigation either after an application or at the Minister’s discretion.
3: The Minister must notify the decision to initiate a safeguard investigation, and that notification must state the date on which the investigation was initiated.
9: Application for safeguard investigation
1: An application for a safeguard investigation may be made by any person.
2: An application for a safeguard investigation must include the following information:
a: a complete description of the imported goods and the like goods or directly competitive goods:
b: the name of the applicant and whether the applicant is a producer in the domestic industry:
c: whether the applicant seeks the imposition of a provisional safeguard duty.
3: An application for a safeguard investigation must include as much of the following information as is reasonably possible:
a: whether there have been increased imports:
b: whether there is serious injury or a threat of serious injury:
c: a causal link between the increased imports and the serious injury or threat of serious injury:
d: whether the increased imports were due to unforeseen developments:
e: the level of support (if any) from domestic industry producers (apart from the applicant if the applicant is a producer in the domestic industry):
f: the names of domestic industry producers:
g: details of the volume and value of the domestic industry's production of the like goods or directly competitive goods in New Zealand by—
i: the applicant; and
ii: the producers referred to in paragraph (f)
10: Submissions and information relating to safeguard investigation
1: The chief executive must seek submissions relating to a safeguard investigation from interested persons (giving an appropriate time period) and must consider any submissions received.
2: The chief executive may require, at any time during a safeguard investigation, that the application under section 9 section 9
3: The chief executive may disregard any information relating to a safeguard investigation that the chief executive considers to be unreliable.
11: Access to information relevant to safeguard investigation and treatment of confidential information
1: All interested persons are entitled to access all information relevant to a safeguard investigation, except for—
a: confidential information (unless the submitter of the confidential information consents to the confidential information being made available); or
b: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
2: The chief executive may request a submitter of information to provide to the chief executive—
a: a summary, for access by all interested persons, of confidential information or other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
b: reasons why such a summary cannot be provided.
3: If no document is provided after a request under subsection (2)
4: For the purposes of this section, confidential information
a: making the information available would give a significant competitive advantage to a competitor of the submitter of confidential information:
b: making the information available would have a significantly adverse effect upon the submitter of confidential information:
c: the information should be treated as confidential for reasons other than the reasons described in paragraph (a) or (b) 1987 No 88 s 5(4)–(8)
12: Duration of safeguard investigation
1: The chief executive must make reasonable efforts to report to the Minister about a safeguard investigation within 75 working days after the date on which the Minister initiated the investigation.
2: Subsection (1)
a: if the applicant seeks a provisional safeguard duty; or
b: if a provisional safeguard duty is imposed under section 14
3: If the chief executive is unable to report within the time period required by subsection (1) or (2)
4: The Minister must set out any written reasons given by the chief executive under subsection (3) section 19(4)(b)
13: Safeguard investigation
1: The matters the chief executive must investigate in a safeguard investigation include the following:
a: whether increased imports have caused serious injury or a threat of serious injury:
b: whether the increased imports were due to unforeseen developments:
c: whether a safeguard measure is necessary—
i: to prevent or remedy serious injury; and
ii: to facilitate adjustment by the domestic industry to the increased competition from the increased imports:
d: if a safeguard measure is necessary,—
i: which goods should be subject to a measure; and
ii: which measure is appropriate; and
iii: what is the appropriate extent and duration of the measure:
e: the public interest, which may entail, among other matters, a consideration of the following:
i: the likely effectiveness of a safeguard measure in assisting the domestic industry:
ii: the alternatives to a safeguard measure:
iii: the likely effect of a safeguard measure on the market (including on consumers):
iv: New Zealand’s international relations and trade goals:
v: the strategic importance of the domestic industry.
2: In investigating whether there is serious injury or a threat of serious injury for the purposes of subsection (1)(a)
3: In investigating whether the increased imports have caused serious injury or a threat of serious injury for the purposes of subsection (1)(a)
a: the nature and extent of imports of the goods by the domestic industry, including the value, quantity, frequency, and purpose of the imports; and
b: factors other than the imports that have injured, or are injuring, the domestic industry. Provisional safeguard duty
14: Imposition of provisional safeguard duty
1: After the Minister has initiated a safeguard investigation under section 8(1)
a: a delay in imposing a safeguard measure would cause damage that would be difficult to repair; and
b: increased imports are causing serious injury or a threat of serious injury.
2: The Minister may exempt imported goods from certain exporting countries from a provisional safeguard duty at any time, including after the duty has been imposed, if the Minister is satisfied that an exemption—
a: is necessary to comply with New Zealand’s international obligations as a party to the WTO Agreement or otherwise; or
b: will further New Zealand's international relations or trade goals.
3: The following are secondary legislation ( see Part 3
a: an order under subsection (1):
b: an exemption under subsection (2). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
15: Duration of provisional safeguard duty
1: Provisional safeguard duty is due and payable on the demand of the Customs on goods imported on and from the date specified in the order referred to in section 14(1)
2: Provisional safeguard duty is due and payable on the demand of the Customs on goods imported until the earliest of—
a: the date specified in the order referred to in section 14(1)
b: the date of the commencement of a safeguard measure; or
c: 200 calendar days from the date the duty is due and payable under subsection (1)
d: the date the provisional safeguard duty is terminated under section 16(1)
16: Termination or reduction of provisional safeguard duty
1: The Minister may order the termination of a provisional safeguard duty, with effect from a specified date that is after the commencement of the order, if the Minister is no longer satisfied that there are reasonable grounds to believe that—
a: a delay in imposing a safeguard measure would cause damage that would be difficult to repair; and
b: increased imports are causing serious injury or a threat of serious injury.
2: The Minister may order the reduction of a provisional safeguard duty, with effect from a specified date that is after the commencement of the order, if the Minister is satisfied that there is a good reason to do so.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
17: Effect on provisional safeguard duty of imposition (or not) of relevant duty
1: The imposition of a relevant duty on imported goods has the following effects on any provisional safeguard duty paid on imports of those goods:
a: if the rate of the relevant duty is less than the rate of the provisional safeguard duty, the Minister must, unless satisfied that there is a good reason for not doing so, require the Customs to remit the amount of the difference to the importers who paid the provisional safeguard duty:
b: if the rate of the relevant duty is greater than the rate of the provisional safeguard duty, the importers who paid the provisional safeguard duty need not pay any more duty in relation to those imported goods.
2: If no relevant duty is imposed on imported goods on which provisional safeguard duty was paid, the Minister must, unless satisfied that there is a good reason for not doing so, require the Customs to remit the amount of the provisional safeguard duty to the importers who paid the provisional safeguard duty.
3: In this section, relevant duty section 18(a) or (b) Safeguard measure
18: Safeguard measure
A safeguard measure
a: a safeguard duty:
b: a duty or a variation of any rate of duty under the Tariff Act 1988
c: a restriction on importing the goods under the Customs and Excise Act 2018 Imports and Exports (Restrictions) Act 1988 Section 18(c) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
19: Imposition of safeguard measure
1: After receiving the chief executive’s report about a safeguard investigation, the Minister may take 1 or both of the actions set out in subsection (2)
a: increased imports have caused serious injury or a threat of serious injury; and
b: the increased imports were due to unforeseen developments; and
c: the safeguard measure is necessary—
i: to prevent or remedy serious injury; and
ii: to facilitate adjustment by the domestic industry to the increased competition from the increased imports; and
d: the safeguard measure relates to the appropriate goods, is the appropriate measure, and is of the appropriate extent and duration; and
e: the action is in the public interest; and
f: the particular safeguard measure is not incompatible with New Zealand’s international obligations as a party to the WTO Agreement or otherwise.
2: The actions the Minister may take are to—
a: order that a safeguard duty be imposed; or
b: recommend that the Governor-General make an Order in Council imposing a safeguard measure referred to in section 18(b) or (c)
3: The Minister may exempt or may recommend that the Governor-General by Order in Council exempt (whichever is appropriate) imported goods from certain exporting countries from a safeguard measure at any time, including after the measure has been imposed, if the Minister is satisfied that an exemption—
a: is necessary to comply with New Zealand’s international obligations as a party to the WTO Agreement or otherwise; or
b: will further New Zealand's international relations or trade goals.
4: The Minister must—
a: notify a decision to do nothing after receiving the chief executive’s report about a safeguard investigation:
b: after deciding to do nothing or taking an action under subsection (1)
i: confidential information; and
ii: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
5: The following are secondary legislation ( see Part 3
a: an order under subsection (2)(a):
b: an Order in Council under subsection (2)(b):
c: an exemption under subsection (3). 1987 No 88 s 7 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
20: Duration of safeguard measure
1: Safeguard duty is due and payable on the demand of the Customs on goods imported on and from the date specified in the order referred to in section 19(2)(a)
2: Safeguard duty is due and payable on the demand of the Customs on goods imported until the earliest of—
a: the date specified in the order referred to in section 19(2)(a)
b: 4 years after the date of the commencement of the order referred to in section 14(1)
c: 4 years from the date the duty is due and payable under subsection (1)
d: the date the safeguard duty is terminated under section 26(1)
3: An extended safeguard duty is an exception to subsection (2)(b) and (c)
4: A safeguard measure imposed by an Order in Council recommended by the Minister under section 19(2)(b)
5: A safeguard measure imposed by an Order in Council recommended by the Minister under section 19(2)(b)
a: the date specified in the Order in Council; or
b: 4 years after the commencement of the order referred to in section 14(1)
c: 4 years from the date the safeguard measure comes into effect under subsection (4)
d: the date the safeguard measure is terminated under section 26(1)
6: A safeguard measure extended under section 23(2)(b) subsection (5)(b) and (c) Safeguard review
21: Initiation of safeguard review
1: The Minister may initiate a review by the chief executive of a safeguard measure, and sections 9(1), (2)(a) and (b), (3)(a) to (c) and (e) to (g), 10, 11, and 12(1), (3), and (4) section 8
2: The Minister may initiate a safeguard review either after an application or at the Minister’s discretion.
3: The Minister must notify the decision to initiate a review of a safeguard measure, and that notification must state the date on which the review was initiated.
22: Safeguard review investigation
The matters the chief executive must investigate in a review of a safeguard measure include the following:
a: whether it is necessary to extend a safeguard measure in order to prevent or remedy serious injury:
b: whether there is evidence that the domestic industry is adjusting to increased competition from increased imports:
c: if an extended safeguard measure is necessary,—
i: which goods should be subject to the measure; and
ii: what is the appropriate extent and duration of the measure:
d: the public interest, which may entail, among other matters, a consideration of the following:
i: the likely effectiveness of an extended safeguard measure in assisting the domestic industry:
ii: the alternatives to an extended safeguard measure:
iii: the likely effect of an extended safeguard measure on the market (including on consumers):
iv: New Zealand’s international relations and trade goals:
v: the strategic importance of the domestic industry.
23: Extension of safeguard measure
1: After receiving the chief executive’s report about the review of a safeguard measure, the Minister may take 1 or both of the actions set out in subsection (2)
a: this is necessary to prevent or remedy serious injury; and
b: an extension is appropriate having regard to the extent to which the domestic industry is adjusting to increased competition from increased imports; and
c: the proposed extended safeguard measure relates to the appropriate goods and is of the appropriate extent and duration; and
d: the action is in the public interest; and
e: the particular extended safeguard measure is not incompatible with New Zealand’s international obligations as a party to the WTO Agreement or otherwise.
2: The actions the Minister may take are,—
a: in relation to any safeguard duty that has been imposed, to order that an extended safeguard duty be imposed; or
b: in relation to any safeguard measure referred to in section 18(b) or (c)
3: The Minister may exempt or may recommend that the Governor-General by Order in Council exempt (whichever is appropriate) imported goods from certain exporting countries from an extended safeguard measure at any time, including after the measure has been extended, if the Minister is satisfied that an exemption—
a: is necessary to comply with New Zealand’s international obligations as a party to the WTO Agreement or otherwise; or
b: will further New Zealand's international relations or trade goals.
4: The Minister must—
a: notify a decision to do nothing after receiving the chief executive’s report about the review of a safeguard measure:
b: after deciding to do nothing or taking an action under subsection (1)
i: confidential information; and
ii: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
5: The following are secondary legislation ( see Part 3
a: an order under subsection (2)(a):
b: an Order in Council under subsection (2)(b):
c: an exemption under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
24: Duration of extended safeguard measure
1: Extended safeguard duty is due and payable on the demand of the Customs on goods imported on and from the date specified in the order referred to in section 23(2)(a)
2: Extended safeguard duty is due and payable on the demand of the Customs on goods imported until the earliest of—
a: the date specified in the order under section 23(2)(a)
b: 8 years after the date of the commencement of the order under section 14(1)
c: 8 years from the date the duty is due and payable under section 20(1)
d: the date the safeguard duty is terminated under section 26(1)
3: A safeguard measure extended by an Order in Council recommended by the Minister under section 23(2)(b) section 23(2)(b)
4: A safeguard measure extended by an Order in Council recommended by the Minister under section 23(2)(b)
a: the date specified in the Order in Council; or
b: 8 years after the date of the commencement of the order under section 14(1)
c: 8 years from the date the safeguard measure comes into effect under section 20(4)
d: the date the safeguard measure is terminated under section 26(1) Duty must be paid to, and collected by, Customs
25: Duty must be paid to, and collected by, Customs
All duty imposed under this Act must be paid to, and collected by, the Customs. Termination or reduction of safeguard measure
26: Termination or reduction of safeguard measure
1: The Minister may, if the Minister is satisfied that there is a good reason to do so,—
a: order the termination or reduction, with effect from a specified date that is after the commencement of the order, of a safeguard measure referred to in section 18(a) section 23(2)
b: recommend the termination or reduction, with effect from a specified date that is after the commencement of the recommended Order in Council, of a safeguard measure referred to in section 18(b) or (c) section 23(2)
2: The following are secondary legislation ( see Part 3
a: an order under subsection (1)(a):
b: an Order in Council under subsection (1)(b). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 26(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
2: Miscellaneous matters
27: Temporary Safeguard Authority abolished with no compensation for loss of office
1: Except as necessary for the purposes of section 28 Temporary Safeguard Authorities Act 1987
2: No member of a Temporary Safeguard Authority is entitled to compensation for loss of office.
28: Transitional provision
The following apply in relation to an inquiry by a Temporary Safeguard Authority under the Temporary Safeguard Authorities Act 1987
a: the inquiry must be completed under that Act as if this Act had not been passed; and
b: the Temporary Safeguard Authority has all the powers it would have had if this Act had not been passed; and
c: the Minister may take any action in response to the Temporary Safeguard Authority's report as if this Act had not been passed.
29: Consequential amendments to Customs and Excise Act 1996
1: This section amends the Customs and Excise Act 1996
2: The definition of duty section 2(1)
ba: provisional safeguard duty, safeguard duty, and extended safeguard duty imposed under the Trade (Safeguard Measures) Act 2014:
3: Section 102(4) or under the Trade (Safeguard Measures) Act 2014
4: Section 113(5) or under the Trade (Safeguard Measures) Act 2014
5: Section 116(7) or under the Trade (Safeguard Measures) Act 2014
6: Section 117(8) or under the Trade (Safeguard Measures) Act 2014 2014-11-12 Customs and Excise Act 1996
30: Consequential amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: Schedule 1 Temporary Safeguard Authorities Act 1987 2014-11-12 Official Information Act 1982
31: Consequential amendment to Trans-Tasman Mutual Recognition Act 1997
1: This section amends the Trans-Tasman Mutual Recognition Act 1997
2: Schedule 1 Temporary Safeguard Authorities Act 1987 Trade (Safeguard Measures) Act 2014 2014-11-12 Trans-Tasman Mutual Recognition Act 1997
32: Repeal
The Temporary Safeguard Authorities Act 1987 2014-11-12 Temporary Safeguard Authorities Act 1987


1: Title
This Act is the Crimes (Match-fixing) Amendment Act 2014.
2: Commencement
This Act comes into force on 15 December 2014.
3: Principal Act
This Act amends the Crimes Act 1961 principal Act 2014-12-15 Crimes Act 1961
4: New section 240A inserted (Application of section 240 to match-fixing)
After section 240
240A: Application of section 240 to match-fixing
1: For the purposes of section 240, deception subsection (2)
a: the overall result of the activity; or
b: any event within the activity.
2: This subsection applies to activities of the following kinds:
a: sporting competitions, games, matches, races, and rallies involving human participants (whether or not they also involve equipment, horses, vehicles, or vessels):
b: dog races.
3: This section does not limit or affect the generality of section 240.