Document ID: chunk:federal_register_of_legislation:C2024C00582:section:289
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 289
Character Range: 380455–382181

289  Statement by payment nominee regarding disposal of money
 (1) The Secretary may give the payment nominee of a person a notice that requires the nominee to give the Department a statement about a matter relating to the disposal by the nominee of an instalment paid to the nominee on behalf of the person.
 (2) A notice under subsection (1):
 (a) must be in writing; and
 (b) may be given personally or by post or by any other means approved by the Secretary; and
 (c) must specify how the nominee is to give the statement to the Department; and
 (d) must specify the period within which the nominee is to give the statement to the Department.
 (3) A notice under subsection (1) is not ineffective just because it does not comply with paragraph (2)(c).
 (4) The period specified under paragraph (2)(d) must not end earlier than 14 days after the day the notice is given.
 (5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
 (6) A person commits an offence if:
 (a) the person is a nominee; and
 (b) the person refuses or fails to comply with a notice under subsection (1).
Penalty: 30 penalty units.
 (7) Subsection (6) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
 (8) An offence against subsection (6) is an offence of strict liability.
 (9) This section extends to:
 (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
 (b) all persons, irrespective of their nationality or citizenship.

Division 5—Other matters relating to nominees