Accountancy Profession Act (Cap. 281)
Accountancy Profession Act (Cap. 281), article 7A
7A. (1) Without prejudice to Article 26 of the Audit
Regulation, in carrying out its tasks under the Act and the Aud it
Regulation, the Board and any other public authorities may not
interfere with the content of audit reports.
(2) The Board shall have all the supervisory and investigatory
powers that are necessary for the exercise of its functions und er the
Act and the Audit Regulation, including, but not limitedly the
power to:
(a) access data related to the statutory audit or other
documents held by auditors or audit firms in any form
relevant to the carrying out of their tasks and to
receive or take a copy thereof;
(b) obtain information related to the statutory audit from
any person;
(c) carry out on-site inspections of auditors or audit firms;
(d) refer matters for criminal prosecution;
(e) request experts to carry out verifications or
investigations;
(f) take the administrative measures, and impose the
sanctions referred to in article 14.
(3) The Board may use the powers referred to in sub-article
(2)(a) only in relation to:
(a) auditors and audit firms carrying out statutory audit of
public-interest entities;
(b) persons involved in the activities of auditors and audit
14 CAP. 281.] ACCOUNTANCY PROFESSION
firms carrying out statutory audit of public-interest
entities;
(c) audited public-interest entities, their affiliates and
related third parties;
(d) third parties to whom auditors and the audit firms
carrying out statutory audit of public-interest entities
have outsourced certain functions or activities; and
(e) persons otherwise related or connected to statutory
auditors and audit firms carrying out statutory audit of
public-interest entities.
(4) The Board shall exercise its supervisory and investigatory
powers in any of the following ways:
(a) directly;
(b) in collaboration with other authorities;
(c) by application to the competent judicial authorities.
(5) The supervisory and investigatory powers of the Board
shall be exercised in full compliance with Maltese law, and in
particular, with the principles of respect for private life and the
right of defence.
Cap. 586.
(6) The processing of personal data processed in the exercise of
the supervisory and investigatory powers pursuant to this artic le
shall be carried out in accordance with the Data Protection Act and
Directive 95/46/EC.
Delegation of
tasks.
Added by:
XXXVI. 2016.6.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.