Superannuation Safety Amendment Act 2004 (53 of 2004)
Schedule 3 Actuaries, auditors and defined benefit funds
Part 1 Actuaries and auditors
Superannuation Industry (Supervision) Act 1993
7 Subsections 129(3A), (3B), (4), (5), (6) and (7)
Repeal the subsections, substitute:
The person may not have to tell a trustee or the Regulator about the matter
(3A) The person does not have to:
(a) tell a trustee of the entity about the matter if:
(i) the person has been told by another person to whom this section applies that the other person has already told a trustee of the entity about the matter; and
(ii) the first-mentioned person has no reason to disbelieve that other person; or
(b) tell the Regulator about the matter if:
(i) the person has been told by another person to whom this section applies that the other person has already told the Regulator about the matter; and
(ii) the first-mentioned person has no reason to disbelieve that other person.
Penalties for misinformation
(3B) A person (the first person ) commits an offence if:
(a) this section applies to the first person; and
(b) the first person is aware of a matter that must, under this section, be told to a trustee; and
(c) the first person tells another person to whom this section applies that the first person has told a trustee about the matter; and
(d) the first person has not done what the first person told the other person he or she had done.
Penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(3C) A person (the first person ) commits an offence if:
(a) this section applies to the first person; and
(b) the first person is aware of a matter that must, under this section, be told to the Regulator; and
(c) the first person tells another person to whom this section applies that the first person has told the Regulator about the matter; and
(d) the first person has not done what the first person told the other person he or she had done.
Penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
No civil liability for telling about a matter
(4) A person to whom this section applies is not liable in a civil action or civil proceeding in relation to telling the Regulator, or a trustee of the entity, about a matter as required by this section.
Offences
(5) A person is guilty of an offence if the person contravenes subsection (3).
Penalty: 50 penalty units.
(6) A person is guilty of an offence if the person contravenes subsection (3). This is an offence of strict liability.
Penalty: 25 penalty units.
Note 1: For strict liability , see section 6.1 of the Criminal Code.
Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
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