Superannuation Contributions Tax (Assessment and Collection) Act 1997

PART 6 - MISCELLANEOUS  

SECTION 35A   CONTRAVENTION NOTICES  

35A(1)   Service of notice.  

If the Commissioner has reason to believe that a superannuation provider has contravened section 13 , 14 , 15B or 35 , the Commissioner may cause a notice (a contravention notice ) to be served on the provider in accordance with the regulations.

35A(2)   Particulars to be included in the notice.  

A contravention notice is to set out:

(a) particulars of the alleged contravention; and

(b) the prescribed penalty for the contravention and the person to whom, the place at which, and the manner in which, the penalty may be paid; and

(c) the date of the notice and a statement that the penalty may be paid within 14 days after that date;

and may contain any other particulars that the Commissioner thinks necessary.

35A(3)   Notification that person may pay prescribed penalty.  

A contravention notice is to state that, if the provider does not wish the matter to be dealt with by a court, the provider may lodge with the Commissioner a signed statement to that effect in the manner stated in the notice and pay the prescribed penalty for the contravention.

35A(4)   [Prescribed penalty]  

The prescribed penalty is 5 penalty units for each week or part of a week during which the contravention continues.

Note:

See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

35A(5)   Consequences of payment of prescribed penalty.  

If:

(a) a contravention notice has been served on a superannuation provider; and

(b) before the end of the period of 14 days stated in the noticeor, if the Commissioner so allows, at any time before service of a summons in respect of the contravention, the amount of the prescribed penalty is paid in accordance with the notice; and

(c) a statement, signed by the provider, to the effect that the provider does not wish the matter to be dealt with by a court, is received by the person to whom the amount of the penalty is paid; and

(d) the contravention that resulted in the service of the contravention notice has ceased;

the following provisions have effect:

(e) any liability of the provider in respect of the contravention is taken to be discharged;

(f) no further proceedings are to be taken in respect of the contravention;

(g) no conviction for the contravention is taken to have been recorded.

35A(6)   Payment by cheque.  

If the amount of the prescribed penalty is paid by cheque, payment is taken not to be made unless the cheque is honoured upon presentation.

35A(7)   Other proceedings not affected.  

Except as provided by subsection (5), this section does not prejudice or affect the institution or prosecution of proceedings in respect of a contravention of section 13 , 14 , 15B or 35 or limit the amount of the fine that may be imposed by a court in respect of such a contravention.

35A(8)   No requirement to serve contravention notice.  

This section does not require the service of a contravention notice or affect the liability of a person to be prosecuted in a court in respect of a contravention of section 13 , 14 , 15B or 35 in relation to which a contravention notice has not been served.