Payment Times Reporting Act 2020

PART 2 - REPORTING PAYMENT TIMES  

Division 4 - Slow small business payers  

SECTION 22G   CIVIL PENALTY PROVISION FOR FAILURE TO COMPLY WITH SLOW SMALL BUSINESS PAYER DIRECTION  

22G(1)    
An entity that is a reporting entity or a reporting nominee is liable to a civil penalty if:

(a)    the Minister gives the entity a slow small business payer direction; and

(b)    the entity fails to comply with the direction.

Civil penalty: 200 penalty units.

22G(2)    
For the purposes of subsection (1) , the reference in paragraph 82(5)(a) of the Regulatory Powers Act to 5 times the pecuniary penalty specified for the civil penalty provision has effect as if it were a reference to 0.6% of the total income for the person for the income year in which the contravention occurred.

Note:

This subsection modifies the maximum pecuniary penalty that a body corporate can be ordered to pay for a contravention of subsection (1) .

22G(3)    
Subsection (1) does not apply if compliance with the direction (including compliance by a constitutionally covered entity controlled by the reporting entity publishing statements or information, as mentioned in paragraph 22E(1)(b) ) would contravene any Australian law.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).