Superannuation Industry (Supervision) Act 1993


Division 2 - The Regulator may give notices about complying fund status  


39(1)   [ " Contravention " ]  

For the purposes of this Division, a contravention of a regulatory provision is to be ignored unless the contravention is:

(a) an offence; or

(b) a contravention of a civil penalty provision; or

(c) a contravention of a provision mentioned in paragraph 38A(ab) .

39(1A)   [Commits an offence]  

In relation to a regulatory provision that states that a person commits an offence if they engage, or fail to engage, in specified conduct, a person is, for the purposes of this Division, taken to contravene the provision if the person engages, or fails to engage, in that conduct.

39(1B)   [ Conduct giving rise to contravention]  

To avoid doubt, for the purposes of this Division, treat conduct giving rise to an administrative penalty under subsection 284-75(1) or (4) in Schedule 1 to the Taxation Administration Act 1953 as a contravention of that subsection.

39(2)   [Balance of probabilities]  

For the purposes of this Division, it is sufficient if a contravention is established on the balance of probabilities.


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