Superannuation Industry (Supervision) Act 1993

PART 25 - MONITORING AND INVESTIGATION  

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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 7 - Offences  

SECTION 285  

285   COMPLIANCE WITH REQUIREMENTS MADE UNDER THIS ACT  

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A person must not intentionally or recklessly refuse or fail to comply with a requirement of the Regulator, an authorised person or an inspector under this Act.

Penalty:

(a) in respect of a requirement under subsection 264(3), (3A) or (4) - imprisonment for 2 years; or

(b) otherwise - 30 penalty units.

Note:

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

[ CCH Note: S 285 will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 1430, by inserting " the Registrar, " after " Regulator, " , effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s 128J .]

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History

S 285 amended by No 53 of 2004, s 3 and Sch 2 item 283, by inserting " , (3A) " after " (3) " in para (a) of the penalty, effective 1 July 2004.

S 285 substituted by No 31 of 2001, s 3 and Sch 1 item 218 (as amended by No 117 of 2001, s 3 and Sch 2 item 45), effective 15 December 2001. S 285 formerly read:

SECTION 285 PERSONS TO COMPLY WITH REQUIREMENTS MADE UNDER THIS ACT  
285
A person must not, without reasonable excuse, intentionally or recklessly refuse or fail to comply with a requirement of the Regulator, an authorised person or an inspector under this Act.

Penalty:

(a) in respect of a requirement under subsection 264(3) or (4) - imprisonment for 2 years; or

(b) otherwise - 30 penalty units.

S 285 amended by No 38 of 1999, No 54 of 1998.

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