Member’s name: Mr Gregory P Garrad CPA
Date of Hearing: 23 November 2010
Tribunal: Disciplinary Tribunal
On 23 November 2010 the Disciplinary Tribunal found Mr Garrad breached:
- Clause 27(1 )(h) of the former Constitution in that he “pleaded guilty to, or been found guilty of(with or without conviction), any offence (criminal or otherwise, but excluding any offence relating to traffic infringement) before any court in anyjurisdiction which, in the case ofa finding or conviction is Final' in respect of being found guilty on 12 March 2008 in the Magistrates’ Court at Redcliffe of four counts of breaching section 8C(1)(a) of the Taxation Administration Act 1953 (Cth).
- Article 39(a)(ii)F of the Constitution in that he has been “the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction" in respect of a Disqualification Order dated 2 June 2010 (effective 12 June 2010) in which the Australian Taxation Office disqualified him from being an approved auditor of a regulated superannuation entity pursuant to section 131(1) of the Superannuation (Industry) Supervision Act 1993 (Cth.).
- Article 39(a)(ii)A of the Constitution in that he “breached this Constitution (or the constitution of the Company in force immediately before the Amending Date), By-Laws, Code of Professional Conduct or Applicable Regulations" in that he breached By-Law 5.2(b)(ii) in failing to provide requested information in response to four letters sent to him by CPA Australia.
Penalties and costs
The Disciplinary Tribunal imposed the following penalty and costs:
- In relation to each of Charges 1, 2 and 3, a severe reprimand.
- In relation to Charge 2, that Mr Garrad:
- enrol in and pass the Advanced Audit & Assurance Segment of the CPA Program or its equivalent by 20 December 2011, and
- successfully complete a Quality Assurance Review with no Follow-up Review or assurances, and such report be accepted by CPA Australia by 30 June 2011,
- Mr Garrad was ordered to pay costs of $805, a failure to pay those costs by the due date to result in forfeiture of Membership.
Mr Garrad failed to complete a Quality Assurance Review by 30 June 2011 and as a result his Membership was forfeited.