Summary of changes 2012

Content Summary

Our By-Laws are regularly reviewed by the Board of Directors to ensure that we and our members are meeting all necessary compliance and statutory obligations, and that the By-Laws are consistent with the current Constitution and organisational procedures.

Following the amendments to the Constitution approved by the members at the Annual General Meeting on 30 April 2012, a complete review of the By-Laws was undertaken, and the By-Laws amended accordingly.

Part 1 – Dictionary

(Amended By-Law: 1.1)

The definitions have been updated to reflect corresponding changes to the By-Laws. Includes the addition of "management accounting" to the definition of Public Accounting Services.

Members who offer management accounting services are now required to hold a Public Practice Certificate. Members should contact their local office to discuss their options if they are impacted by this change.

Part 3 – Membership

(Amended By-Laws: 3.3, 3.4, 3.7, 3.8 and 3.11)

The procedures and requirements for admission to membership, including special cases for admission and readmission, have been streamlined. The By-Laws also now provide for automatic advancement of Associate members who have met the requirements to advance to CPA status.

Part 3 – Attachment to divisions

(Amended By-Law: 3.13)

The By-Laws now allow for an alternative address to determine which division of CPA Australia a member is attached to.

Part 3 – Fit and proper purpose

(New By-Law: 3.16)

A specific By-Law requiring any person who applies for membership, or who holds membership, to show that they are a fit and proper person has been introduced. This change to the By-Laws reflects current practice, but is required to be explicit under various legislation under which some of our members are licensed, for example those members registered under the Tax Agents Services Act 2009 (Australia) and any members licensed under the Auditor Regulation Act 2011 (New Zealand).

Members will be required to declare that they are a fit and proper person when they renew their membership or seek any licence issued by CPA Australia.

Part 5 – Disciplinary

 (Amended By-Laws: 5.3 and 5.8)

The By-Laws now provide the ability for members to be sanctioned "in-house" for specific minor breaches without having to proceed to Disciplinary Tribunal, and to streamline the "exceptional circumstances" regarding publication of a member's name following Tribunal determinations.

Part 6 – Election procedures (general)

(Amended By-Laws: 6.2 and 6.6)

Recent amendments ensure that the By-Laws are updated in line with current election practices and requirements across the business, in particular Divisional Council elections, which are now conducted electronically.

Part 6 – Election procedures (Board)

(Amended By-Law: 6.8)

The By-Laws have been updated in line with recent changes to the Constitution introducing the best of the best Director’s model and adopt a first past the post voting for electing Directors rather than preferential voting.

Part 8 – Divisional Councils

(Amended By-Laws: 8.2 and 8.9)

The procedures in relation to Divisional Councils have been streamlined, in particular, re-nominating for Divisional Council and filling vacancies on Divisional Councils (those not filled during an election). In addition, the terms for Divisional Deputy Presidents are now in line with the terms for the Deputy Presidents on the Board.

Forms and appendices

(Amended By-Laws: Forms 1 and 2, and Appendix 5)

All forms and appendices referred to in the By-laws have been updated as required.

Part 9A – Licensed auditors under the Auditor Regulation Act 2011

(New By-Laws: 9A.1 to 9A.9)

A new section of the By-Laws has been introduced which applies to members being licensed by CPA Australia to conduct issuer audits in New Zealand under the Auditor Regulation Act 2011 (New Zealand). This includes the application and the licensing process, and the provision of an effective mechanism to enable CPA Australia to bring disciplinary proceedings and be able to handle complaints in respect of former members of CPA Australia who were licensed by CPA Australia. This power is part of the regulatory function that CPA Australia must undertake as an accredited body in New Zealand under the Auditor Regulation Act 2011 (New Zealand).