Document ID: chunk:federal_register_of_legislation:C2004C01337:clause:1_252a
Version: federal_register_of_legislation:C2004C01337
Segment Type: clause
Provision Reference: sch 1 cl 252A
Character Range: 33121–34534

252A  APRA or Commissioner of Taxation may request certain information

Notice may be given

 (1) APRA or the Commissioner of Taxation may give a written notice under this section to the trustee of a regulated superannuation fund if APRA or the Commissioner of Taxation, as the case requires, considers that the fund has fewer than 5 members.

Information that may be requested

 (2) The notice may require the trustee, within a specified period (which must not be shorter than 21 days), to inform APRA or the Commissioner of Taxation:
 (a) whether or not the fund was a self managed superannuation fund as at the date (the response date) on which the trustee so informed APRA or the Commissioner of Taxation; or
 (b) if the fund was not a self managed superannuation fund as at the response date—whether, in the trustee's opinion, the fund is likely to become a self managed superannuation fund within the period specified in the notice; and
 (c) if the fund was a self managed superannuation fund as at the response date—whether, in the trustee's opinion, the fund is likely to cease to be a self managed superannuation fund within the period specified in the notice.

Offence

 (3) A person who contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding 50 penalty units.

Strict liability

 (4) An offence under subsection (3) is an offence of strict liability.