PART 25
-
MONITORING AND INVESTIGATION
History
Pt 25 heading substituted by No 158 of 2012, s 3 and Sch 2 item 41, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading. The heading formerly read:
PART 25
-
MONITORING AND INVESTIGATING SUPERANNUATION ENTITIES
Division 3
-
APRA may require trustee of superannuation entity to appoint an individual, or a committee, to investigate the financial position of the entity
History
Heading to Div 3 substituted by No 54 of 1998.
SECTION 260
DEADLINE FOR RECEIPT OF REPORT
260(1)
APRA
'
s notice under section
257
must specify a date as the deadline for the receipt of the report.
History
S 260(1) amended by No 54 of 1998.
260(2)
A person appointed to investigate and make a report under subsection
257(1)
(whether as an individual or as a member of a committee) commits an offence if the report is not given to APRA:
(a)
before the expiry of the deadline; or
(b)
within such further time as APRA, by written notice, allows.
Penalty: 100 penalty units.
History
S 260(2) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 67, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 260(2) and (3) substituted for s 260(2) by No 160 of 2000, s 3 and Sch 3 item 65, effective 18 January 2001. S 260(2) formerly read:
260(2)
The trustee must cause the person
'
s report or the committee
'
s report, as the case may be, to be given to APRA:
(a)
before the expiry of deadline; or
(b)
within such further time as APRA, by written notice, allows.
S 260(2) amended by No 54 of 1998.
260(3)
A person appointed to investigate and make a report under subsection
257(1)
(whether as an individual or as a member of a committee) commits an offence if the report is not given to APRA:
(a)
before the expiry of the deadline; or
(b)
within such further time as APRA, by written notice, allows.
This is an offence of strict liability.
Penalty: 50 penalty units.
Note 1:
Chapter 2 of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 260(3) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 67, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 260(2) and (3) substituted for s 260(2) by No 160 of 2000, s 3 and Sch 3 item 65, effective 18 January 2001.