Document ID: chunk:federal_register_of_legislation:C2024C00552:section:11
Version: federal_register_of_legislation:C2024C00552
Segment Type: section
Provision Reference: s 11
Character Range: 7679–9706

11  Returns
 (1) A person who is a leviable entity in relation to a financial year must, for the purposes of the levy:
 (a) provide to ASIC a return, in the approved form; and
 (b) do so by:
 (i) unless subparagraph (ii) applies—31 October of the following financial year; or
 (ii) if ASIC has determined a different day under subsection (5)—that day.
 (2) An approved form may require the return to contain:
 (a) information relating to the leviable entity; and
 (b) information relating to one or more other leviable entities.
 (3) A person is not required to provide a return under subsection (1) if the approved form requires no information to be included in the return.
 (4) ASIC may, by notice published on ASIC's website, determine:
 (a) the day on which a return must be provided to ASIC; and
 (b) the manner in which ASIC requires the return to be provided.
A notice under this subsection must state the date on which the notice was published on ASIC's website.
 (5) A day determined by ASIC under paragraph (4)(a):
 (a) must be on or after 31 August of the following financial year; and
 (b) must be 2 months or more after the day on which the notice is first published on ASIC's website; and
 (c) may be a different day for different classes of leviable entity.

Offence
 (6) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1); and
 (b) the person omits to do an act; and
 (c) the omission breaches the requirement.
Penalty: 10 penalty units.
 (7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) Subsection (6) does not apply to the extent that the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (9) A return under this section that is in the approved form is taken, for the purposes of the Corporations Act 2001, not to be a document lodged with ASIC.