SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 1 - PRELIMINARY  

Division 2 - Interpretation  

SECTION 11C   DECLARATION REQUIRED IF APPROVED FORM LODGED ELECTRONICALLY ON TRUSTEE ' S BEHALF  

11C(1)  
This section applies if:


(a) the Regulator is given an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b) ; and


(b) the form is given to the Regulator by a person on behalf of the trustee, or one or more of the trustees, of a superannuation entity.

In this section, the trustee, or each of the trustees, on whose behalf the form is given is referred to as the responsible trustee .

11C(2)  


The responsible trustee commits an offence if the responsible trustee does not, before the form is given to the Regulator, make a signed declaration that states that:


(a) the person is authorised to give the form to the Regulator on the responsible trustee ' s behalf; and


(b) the information in the form is correct.

Penalty: 50 penalty units.

11C(3)  


The responsible trustee commits an offence if the responsible trustee does not retain the declaration for 5 years after it is made.

Penalty: 50 penalty units.

11C(4)  


The responsible trustee commits an offence if:


(a) within the 5 year period, the Regulator requests the responsible trustee to produce the declaration to the Regulator; and


(b) the responsible trustee does not comply with the request.

Penalty: 50 penalty units.

11C(5)  
Subsections (2), (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code .




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