The Regulator may collect statistical information
347A The Regulator may collect statistical information
Collection
The Regulator may collect such statistical information about superannuation entities as the Regulator considers appropriate.
Survey forms
For the purposes of subsection (1), the Regulator may, by writing, approve one or more forms (the survey forms).
Instructions in survey forms
A survey form must contain instructions about the following matters:
filling up and supply of the particulars specified in the form;
giving the filled‑up form to a person (the authorised recipient) specified in the instructions.
The authorised recipient must be the Regulator or a delegate of the Regulator.
Notice to trustee about participation in the Regulator’s statistics program
The Regulator may, by written notice given to a trustee of a superannuation entity, determine that the trustee is a participant, or trustees of the entity are participants in the Regulator’s statistics program. The notice must set out the effect of subsections (5) and (6).
Obligations of participants in the Regulator’s statistics program
At any time when a determination under subsection (4) is in force in relation to a trustee of a superannuation entity, the Regulator may give the trustee a survey form. In that event, the trustee must:
fill up and supply, in accordance with the instructions contained in the form, the particulars specified in the form; and
give the filled‑up form to the authorised recipient in accordance with those instructions.
Section 166 imposes an administrative penalty for a contravention of subsection (5) in relation to a self managed superannuation fund.
A trustee commits an offence if the trustee contravenes subsection (5).
Penalty: 50 penalty units.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Survey form and determination may be given at the same time
For the purposes of subsection (5), if a determination under subsection (4) is given to a trustee of a superannuation entity at the same time as a survey form, the determination is taken to have been in force at the time when the survey form was given to the trustee.
Survey period
The particulars specified in a survey form must relate to one or more specified periods (the survey periods). The instructions contained in a survey form must not require a trustee to give the filled‑up form to the authorised recipient before the 28th day after:
the end of the survey period; or
if there is more than one survey period—the end of the most recent survey period.
Extension of lodgment period—particular survey forms
The Regulator may extend the period within which a particular filled‑up form is to be given to the authorised recipient.
Extension of lodgment period—general
The Regulator may, by notifiable instrument, extend the period within which a specified class of filled‑up survey forms is to be given to the authorised recipient.
Delegation
The Regulator may, by writing, delegate to a person any or all of the Commissioner’s powers under this section.
Section does not limit other powers
This section does not, by implication, limit:
any other provision of this Act; or
anything in the Census and Statistics Act 1905.
In this section:
Regulator means the Commissioner of Taxation.
This Act’s bill:Second reading speech
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