Taxation Laws Amendment Act (No. 2) 1995 (169 of 1995)
Schedule 6 SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993
Part 1 COLLECTION OF STATISTICAL INFORMATION
5 After section 347
Insert:
Commissioner may collect statistical information
Collection
"347A.(1) The Commissioner may collect such statistical information
about superannuation entities as the Commissioner considers
appropriate.
Survey forms
"(2) For the purposes of subsection (1), the Commissioner may, by
writing, approve one or more forms (the survey forms).
Instructions in survey forms
"(3) A survey form must contain instructions about the following
matters:
(a) filling up and supply of the particulars specified in the form;
(b) giving the filled-up form to a person (the authorised recipient)
specified in the instructions.
The authorised recipient must be the Commissioner or a delegate of the
Commissioner.
Notice to trustee about participation in the ISC's statistics program
"(4) The Commissioner may, by written notice given to the trustee of
a superannuation entity, determine that the trustee is a participant
in the ISC's statistics program. The notice must set out the effect of
subsections (5) and (6).
Obligations of participants in the ISC's statistics program
"(5) At any time when a determination under subsection (4) is in
force in relation to the trustee of a superannuation entity, the
Commissioner may give the trustee a survey form. In that event, the
trustee must:
(a) fill up and supply, in accordance with the instructions
contained in the form, the particulars specified in the form; and
(b) give the filled-up form to the authorised recipient in
accordance with those instructions.
Offence
"(6) A trustee who intentionally or recklessly contravenes
subsection (5) is guilty of an offence punishable on conviction by a
fine not exceeding 50 penalty units.
Survey form and determination may be given at the same time
"(7) For the purposes of subsection (5), if a determination under
subsection (4) is given to the 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
"(8) 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 the trustee to give the
filled-up form to the authorised recipient before the 28th day after:
(a) the end of the survey period; or
(b) if there is more than one survey period-the end of the most
recent survey period.
Extension of lodgment period-particular survey forms
"(9) The Commissioner may extend the period within which a
particular filled-up form is to be given to the authorised recipient.
Extension of lodgment period-general
"(10) The Commissioner may, by notice published in the Gazette,
extend the period within which a specified class of filled-up survey
forms is to be given to the authorised recipient.
Delegation
"(11) The Commissioner may, by writing, delegate to a person any or
all of the Commissioner's powers under this section.
Section does not limit other powers
"(12) This section does not, by implication, limit:
(a) any other provision of this Act; or
(b) anything in the Census and Statistics Act 1905.".