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.".