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COMMONWEALTHAct
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s 11B

Electronic lodgment of approved forms

In force

11B Electronic lodgment of approved forms

(1)

If a person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b):

(a)

the form is taken to constitute a written notice; and

(b)

if the form includes the electronic signature of a person—the form is taken to be signed by that person.

(2)

The person’s electronic signature is a unique identification, in an electronic form, that is approved by the Regulator for use by the person.

(3)

A person is guilty of an offence if:

(a)

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

(b)

either:

(i)

the form purports to be given by another person; or

(ii)

the form purports to be given on behalf of another person, and that other person has not consented to the giving of the form.

Maximum penalty: 50 penalty units.

(4)

A person is guilty of an offence if:

(a)

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

(b)

the form includes the electronic signature of another person who has not consented to the inclusion of the signature.

Maximum penalty: 50 penalty units.

(5)

Subsections (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code.

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