Declaration required if approved form lodged electronically on trustee’s behalf
11C Declaration required if approved form lodged electronically on trustee’s behalf
This section applies if:
the Regulator is given an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and
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.
The responsible trustee is guilty of an offence if the responsible trustee does not, before the form is given to the Regulator, make a signed declaration that states that:
the person is authorised to give the form to the Regulator on the responsible trustee’s behalf; and
the information in the form is correct.
Maximum penalty: 50 penalty units.
The responsible trustee is guilty of an offence if the responsible trustee does not retain the declaration for 5 years after it is made.
Maximum penalty: 50 penalty units.
The responsible trustee is guilty of an offence if:
within the 5 year period, the Regulator requests the responsible trustee to produce the declaration to the Regulator; and
the responsible trustee does not comply with the request.
Maximum penalty: 50 penalty units.
Subsections (2), (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.