PART 12
-
DUTIES OF TRUSTEES AND INVESTMENT MANAGERS OF SUPERANNUATION ENTITIES
SECTION 104
DUTY TO KEEP RECORDS OF CHANGES OF TRUSTEES
104(1)
Each trustee of a superannuation entity must ensure that up-to-date records of:
(a)
all changes of trustees of the entity; and
(b)
all changes of directors of any corporate trustee of the entity; and
(c)
all consents given under section
118
;
are kept and retained for at least 10 years.
Note:
Section
166
imposes an administrative penalty for a contravention of subsection
(1)
in relation to a self managed superannuation fund.
History
S 104(1) amended by No 11 of 2014, s 3 and Sch 2 item 14, by inserting a note at the end, applicable to contraventions that occur on or after 1 July 2014.
S 104(1) substituted by No 53 of 2004, s 3 and Sch 2 item 131, effective 1 July 2004. S 104(1) formerly read:
104(1)
The trustee of a superannuation entity must keep, and retain for at least 10 years, up-to-date records of all changes of trustees, and changes of directors of any corporate trustee, of the entity and of all consents given under s
118
.
104(2)
A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability.
Penalty: 50 penalty units.
Note 1:
Chapter 2 of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 104(2) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 55, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 104(2) amended by No 53 of 2004, s 3 and Sch 2 item 132, by substituting
"
A trustee
"
for
"
The trustee
"
, effective 1 July 2004.
S 104(2) substituted by No 160 of 2000, s 3 and Sch 3 item 50, effective 18 January 2001. S 104(2) formerly read:
104(2)
A person who intentionally or recklessly contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 50 penalty units.