Use of tax file number for certain purposes—applicants to become beneficiaries of regulated exempt public sector superannuation schemes
299L Use of tax file number for certain purposes—applicants to become beneficiaries of regulated exempt public sector superannuation schemes
This section applies if a person who is an applicant to become a beneficiary of a regulated exempt public sector superannuation scheme quotes his or her tax file number to a trustee of the scheme in connection with the operation or the possible future operation of this Act and the other Superannuation Acts.
Trustee may record tax file number
If the trustee, or the trustees, do not already have a record of the tax file number, a trustee of the scheme may make a record of it.
Obligation to retain and later destroy tax file number
Each trustee of the scheme must ensure that:
the record is retained until the time (the last retention time) at which:
if the person becomes a beneficiary of the scheme—the person ceases to be a beneficiary of the scheme; or
if not—the person ceases to be an applicant; and
the record is destroyed as soon as is reasonably practicable after the last retention time.
Offences
A trustee of the scheme commits an offence if a requirement of subsection (3) is contravened by the trustee.
Penalty: 100 penalty units.
A trustee of the scheme commits an offence if a requirement of subsection (3) is contravened by the trustee. This is an offence of strict liability.
Penalty: 50 penalty units.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
For strict liability, see section 6.1 of the Criminal Code.
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