Document ID: chunk:federal_register_of_legislation:C2004A00753:clause:3_57
Version: federal_register_of_legislation:C2004A00753
Segment Type: clause
Provision Reference: sch 3 cl 57
Character Range: 37254–38348

57  Subsections 113(4) and (5)
Repeal the subsections, substitute:

 (4) The auditor must give the report to the trustee within the specified period after the end of the year of income. The period is specified in the regulations.

 (5) The auditor is guilty of an offence if the auditor contravenes subsection (4).

Maximum penalty: Imprisonment for 6 months.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

 (6) The auditor is guilty of an offence if the auditor contravenes subsection (4). This is an offence of strict liability.

Maximum penalty: 50 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.