PART 4
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OPERATING STANDARDS ETC. AND ANNUAL RETURNS FOR RSAs
Division 4
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Other provisions relating to the operation of RSAs
History
Div 4 heading inserted by No 12 of 2012, s 3 and Sch 1 item 8, effective 22 March 2012.
SECTION 44
RSA PROVIDER TO GIVE COPY OF AUDIT REPORT TO APRA
44(1)
Lodgment.
An RSA provider must, within the prescribed period after each year of income, give to APRA:
(a)
(Repealed by No 121 of 2001)
(b)
(Repealed by No 121 of 2001)
(c)
a copy of the report given to the RSA provider by an approved auditor under Part
6
in relation to the RSA provider in respect of that year of income, certified to be a true copy of the report by a responsible officer of the RSA provider.
Note:
The
Financial Sector (Collection of Data) Act 2001
makes provision for annual returns and other financial documents to be given by RSA providers to APRA.
History
S 44(1) amended by No 121 of 2001, s 3 and Sch 2 items 82 and 83, by repealing paras (a) and (b) and inserting the note after para (c), effective 1 July 2002. For application provision see history note under s 3(1). Paras (a) and (b) formerly read:
(a)
a return, in the approved form, containing such information as is required by that form in relation to the RSA provider in respect of that year of income; and
Note:
The approved form of return may require the RSA provider to set out the tax file number of the RSA provider. See subsection
144(2)
.
(b)
a certificate, in the approved form, by the RSA provider in respect of that year of income; and
S 44(1) amended by No 54 of 1998.
44(2)
Offence.
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.
Note:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
History
S 44(2) amended by No 31 of 2001, s 3 and Sch 1 item 95, by adding the note at the end, effective 15 December 2001.
44(3)
(Repealed by No 121 of 2001)
History
S 44(3) repealed by No 121 of 2001, s 3 and Sch 2 item 84, effective 1 July 2002. For application provision see history note under s 3(1). Subsec 44(3) formerly read:
44(3)
Electronic returns.
An approval given by APRA of a form of return for the purposes of paragraph (1)(a) may require or permit the return to be given on a specified kind of data processing device, or by way of electronic transmission, in accordance with specified software requirements.
S 44(3) amended by No 54 of 1998.
44(4)
Endorsement of report on return.
If the return given under the
Financial Sector (Collection of Data) Act 2001
is not given on a data processing device, or by way of electronic transmission, the report referred to in subsection (1) may be endorsed on the return.
History
S 44(4) substituted by No 121 of 2001, s 3 and Sch 2 item 84, effective 1 July 2002. For application provision see history note under s 3(1). Subsec (4) formerly read:
44(4)
Endorsement of certificate or report.
If the return is not given on a data processing device, or by way of electronic transmission, the certificate referred to in paragraph (1)(b) or the report referred to in paragraph (1)(c) may be endorsed on the return.
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