Document ID: chunk:federal_register_of_legislation:C2025C00139:section:3:p2
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 3 (pt 2/20)
Character Range: 203811–206485

(3) If the entity voluntarily tells the Commissioner, in the approved form, about the false or misleading nature of the statement after the Commissioner tells the entity that an examination is to be conducted of the entity's affairs relating to this Act, the Commissioner may treat the entity as having done so before being told about the examination if the Commissioner considers it appropriate to do so in the circumstances.

Subdivision 175‑C—Penalties for failing to lodge documents on time

175‑35  Liability to penalty
  An entity is liable to an administrative penalty if:
 (a) the entity is required under this Act to give a report, return, notice, statement or other document to the Commissioner in the approved form by a particular day; and
 (b) the entity does not give the report, return, notice, statement or document to the Commissioner in the approved form by that day.

175‑40  Amount of penalty
 (1) The amount of the penalty is:
 (a) if the entity is a medium registered entity—double the base penalty amount; or
 (b) if the entity is a large registered entity—5 times the base penalty amount; or
 (c) otherwise—the base penalty amount.
 (2) The base penalty amount under this Subdivision is 1 penalty unit for each period of 28 days or part of a period of 28 days:
 (a) starting on the day when the report, return, notice, statement or other document is due; and
 (b) ending when the entity gives it;
(up to a maximum of 5 penalty units).
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Example: An entity lodges a return 31 days late. The base penalty amount under subsection (2) is 2 penalty units.
 (3) In working out the base penalty amount, the amount of a penalty unit is the amount applying at the start of the relevant 28‑day period.
 (4) The fact that the entity has not yet given the relevant report, return, notice or other document does not prevent the Commissioner notifying the entity that it is liable to an administrative penalty under this Subdivision. That penalty may be later increased under this section.
Note: The Commissioner is required to notify the entity of an administrative penalty (see section 175‑50).

Subdivision 175‑D—Machinery provisions for administrative penalties

175‑45  Scope of Subdivision
  This Subdivision applies if an administrative penalty is imposed on an entity by another provision of this Act.

175‑50  Notification of liability
  The Commissioner must give written notice to the entity of the entity's liability to pay the penalty and of the reasons why the entity is liable to pay the penalty. The Commissioner may do so in any other notice he or she gives to the