Retirement Savings Accounts Act 1997

PART 4A - DATA AND PAYMENT REGULATIONS AND STANDARDS RELATING TO RSAS

History

Pt 4A inserted by No 91 of 2012, s 3 and Sch 1 item 1, effective 29 June 2012. No 91 of 2012 (as amended by No 158 of 2012 and No 110 of 2014), s 3 and Sch 1 Pt 4 contains the following application provision:

Part 4 - Application provision
20 Application of amendments
(1)
The amendments made by this Schedule apply in relation to:

(a) a trustee of an eligible superannuation entity; or

(b) an RSA provider;
in relation to conduct that occurs on or after 1 July 2013.

(1A)
Subject to subitems (2), (3) and (3A), the amendments made by this Schedule apply in relation to an entity that is an employer in relation to conduct that occurs on or after 1 July 2015.
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History

S 20(1A) inserted by No 110 of 2014, s 3 and Sch 5 item 144, effective 1 July 2014.

(2)
The amendments made by this Schedule apply in relation to an entity that is a medium to large employer on 1 July 2014 in relation to conduct that occurs on or after 1 July 2014.

(3)
The amendments made by this Schedule apply in relation to an entity that is a small employer on 1 July 2014 in relation to conduct that occurs on or after:

(a) if paragraph (b) does not apply - 1 July 2015; or

(b) if the regulations prescribe a day after 1 July 2015 for the purposes of this paragraph - that day.

(3A)
The amendments made by this Schedule apply in relation to an entity in relation to conduct that occurs on or after a day (the test day ) in the period beginning on 2 July 2014 and ending on 30 June 2015 if:

(a) neither subitem (2) nor (3) applies to the entity; and

(b) the entity starts to be an employer on the test day; and

(c) at a time on the test day, the entity is a medium to large employer.
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History

S 20(3A) inserted by No 110 of 2014, s 3 and Sch 5 item 145, effective 1 July 2014.

(4)
In this item:
medium to large employer
, at a particular time, means an employer that employs 20 or more employees at that time.

small employer
, at a particular time, means an employer that employs fewer than 20 employees at that time.

(5)
For the purpose of calculating the number of employees employed by an employer at a particular time, count all employees employed by the employer at that time.

(6)
The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

Division 3 - Infringement notices

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SECTION 45L WITHDRAWAL OF AN INFRINGEMENT NOTICE

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Representations seeking withdrawal of notice

45L(1)
A person to whom an infringement notice has been given may, within 21 days after the day the notice is given, make written representations to the Regulator seeking the withdrawal of the notice.

Withdrawal of notice

45L(2)
The Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

45L(3)
When deciding whether or not to withdraw an infringement notice (the relevant infringement notice ), the Regulator:

(a) must take into account any written representations seeking the withdrawal that were given by the person to the Regulator; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the person for a contravention of an offence of strict liability in Division 2 ;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of an offence of strict liability in Division 2 if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

(iv) any other matter the Regulator considers relevant.

Notice of withdrawal

45L(4)
Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

(a) the person ' s name and address; and

(b) the day the infringement notice was given; and

(c) that the infringement notice is withdrawn; and

(d) that the person may be prosecuted in a court in relation to the alleged contravention.

Refund of amount if infringement notice withdrawn

45L(5)
If:

(a) the Regulator withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

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