Document ID: chunk:federal_register_of_legislation:C2025C00134:section:11c
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 11C
Character Range: 106012–107428

11C  Declaration required if approved form lodged electronically on trustee's behalf
 (1) This section applies if:
 (a) the Regulator is given an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and
 (b) the form is given to the Regulator by a person on behalf of the trustee, or one or more of the trustees, of a superannuation entity.
In this section, the trustee, or each of the trustees, on whose behalf the form is given is referred to as the responsible trustee.
 (2) The responsible trustee commits an offence if the responsible trustee does not, before the form is given to the Regulator, make a signed declaration that states that:
 (a) the person is authorised to give the form to the Regulator on the responsible trustee's behalf; and
 (b) the information in the form is correct.
Penalty: 50 penalty units.
 (3) The responsible trustee commits an offence if the responsible trustee does not retain the declaration for 5 years after it is made.
Penalty: 50 penalty units.
 (4) The responsible trustee commits an offence if:
 (a) within the 5 year period, the Regulator requests the responsible trustee to produce the declaration to the Regulator; and
 (b) the responsible trustee does not comply with the request.
Penalty: 50 penalty units.
 (5) Subsections (2), (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code.