FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)

PART 6 - ENFORCEMENT  

Division 1 - Information gathering  

SECTION 77   Commissioner may require person or legal representative to give information  

77(1)    
The Commissioner may give a person, or the legal personal representative of a person, a written notice requiring the person or representative to give the Commissioner a statement setting out:

(a) information to enable the Commissioner to determine:

(i) whether a Government FHSA contribution is payable for the person; or

(ii) the amount of any Government FHSA contribution payable for the person; or

(b) information to enable the Commissioner to determine to whom the Commissioner should pay a Government FHSA contribution, or an underpaid amount, payable for the person; or

(c) information to enable the Commissioner to determine:

(i) whether an amount is recoverable under section 50 (which deals with overpayments) in relation to a Government FHSA contribution paid for the person; or

(ii) the overpaid amount in relation to a Government FHSA contribution paid for the person; or

(d) any other matters relating to Government FHSA contributions specified in the regulations.

The notice must specify the period within which the statement must be given to the Commissioner. The period specified must end not less than 21 days after the day on which the notice is given.

77(2)    
The person or representative commits an offence if:

(a) the notice requires the person or representative to give the Commissioner a statement setting out information to enable the Commissioner to determine:

(i) whether an amount is recoverable under section 50 (which deals with overpayments) in relation to a Government FHSA contribution paid for the person; or

(ii) the overpaid amount in relation to a Government FHSA contribution paid for the person; and

(b) the person or representative fails to comply with the notice.

Penalty: 30 penalty units.

77(3)    
The Commissioner may give a notice under subsection (1) at any time and from time to time.