Superannuation Guarantee (Administration) Act 1992

PART 6 - COLLECTION AND RECOVERY OF CHARGE  

SECTION 57   PUBLIC OFFICER OF COMPANY  

57(1)   [Public officer under s 252 of Assessment Act]  

The person who is, from time to time, the public officer of a company for the purposes of section 252 of the Income Tax Assessment Act 1936 is the public officer of the company for the purposes of this Act, and the public officer ' s address for service under that Act is the public officer ' s address for service under this Act.

57(2)   [Service of notices and documents]  

Service of a notice or other document at the public officer ' s address for service, or on the public officer, is sufficient service on the company for the purposes of this Act, but, if at any time there is no public officer of the company, service on a person acting or appearing to act in the business of the company is sufficient.

Note:

See section 57A for alternative ways to give a notice to, or serve another document on, a company (through its officers, attorneys or agents).

57(3)   [Obligation and liability of public officer]  

The public officer is answerable for doing all acts required to be done by the company under this Act, and in case of default is liable to the same penalties.

57(4)   [Acts by public officer deemed acts by company]  

Everything done by the public officer that the public officer is required to do in that capacity is taken to have been done by the company.

57(5)   [Situation where no public officer]  

If, at any time, there is no public officer of the company, this Act applies in relation to the company as if there were no requirement to appoint a public officer of the company.

57(6)   [Company and public officer jointly liable]  

A proceeding under this Act brought against the public officer is taken to have been brought against the company, and the company is liable jointly with the public officer for any penalty imposed on the public officer.

57(7)  
(Repealed by No 180 of 2012)


 

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