PART 5
-
NOTICES ABOUT COMPLYING FUND STATUS
History
Pt 5 has effect in relation to approved deposit funds and funds that seek or purport to be approved deposit funds, and their trustees, as if it were modified by inserting s 43A
-
see Temporary Modification Declaration No 12 under s 43A.
Division 2
-
The Regulator may give notices about complying fund status
History
Heading to Div 2 substituted by No 121 of 1999, s 3 and Sch 1 item 60, effective 8 October 1999. For transitional and saving provisions, see the history note under the heading to Pt
24B
. The heading formerly read:
Division 2
-
APRA may give notices about complying fund status
Heading to Div 2 substituted by No 54 of 1998.
SECTION 39
MEANING OF
CONTRAVENTION
39(1)
[
"
Contravention
"
]
For the purposes of this Division, a contravention of a regulatory provision is to be ignored unless the contravention is:
(a)
an offence; or
(b)
a contravention of a civil penalty provision; or
(c)
a contravention of a provision mentioned in paragraph
38A(ab)
.
History
S 39(1) amended by No 9 of 2007, s 3 and Sch 5 items 17 and 18, by inserting para (c), applicable to the 2007-2008 income year and later years.
S 39(1) amended by No 123 of 2001, s 3 and Sch 2 item 11 by substituting
"
a regulatory provision
"
for
"
this Act or the regulations
"
, effective 11 March 2002.
S 39(1) amended by No 181 of 1994.
39(1A)
[Commits an offence]
In relation to a regulatory provision that states that a person commits an offence if they engage, or fail to engage, in specified conduct, a person is, for the purposes of this Division, taken to contravene the provision if the person engages, or fails to engage, in that conduct.
History
S 39(1A) inserted by No 123 of 2001, s 3 and Sch 2 item 12, effective 11 March 2002.
39(1B)
[
Conduct giving rise to contravention]
To avoid doubt, for the purposes of this Division, treat conduct giving rise to an administrative penalty under subsection
284-75(1)
or (4) in Schedule
1
to the
Taxation Administration Act 1953
as a contravention of that subsection.
History
S 39(1B) amended by No 56 of 2010, s 3 and Sch 6 item 100, by substituting
"
subsection 284-75(1) or (4) in Schedule 1 to the
Taxation Administration Act 1953
as a contravention of that subsection
"
for
"
section 288-85 in Schedule 1 to the
Taxation Administration Act 1953
as a contravention of that section
"
, applicable in relation to things done on or after 4 June 2010.
S 39(1B) inserted by No 9 of 2007, s 3 and Sch 5 item 19, applicable to the 2007-2008 income year and later years.
39(2)
[Balance of probabilities]
For the purposes of this Division, it is sufficient if a contravention is established on the balance of probabilities.
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