Document ID: chunk:federal_register_of_legislation:C2025C00139:section:3:p1
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 3 (pt 1/20)
Character Range: 201353–204055

3                    a failure by the entity or its agent to take reasonable care to comply with this Act                                           20 penalty units

 (2) If 2 or more items in that table apply and one of them produces a greater base penalty amount than any of the others, use that item.
 (3) If, apart from this subsection, the entity would have a base penalty amount because the entity or its agent treated this Act as applying in a particular way, and that way agreed with:
 (a) advice given to the entity or its agent by or on behalf of the Commissioner; or
 (b) general administrative practice under this Act; or
 (c) a statement in a publication approved in writing by the Commissioner;
the base penalty amount is reduced to the extent that it was caused by that treatment.

175‑25  Increase in penalty
  Increase the amount by 20% of the base penalty amount if:
 (a) the entity took steps to prevent or obstruct the Commissioner from finding out about the false or misleading nature of the relevant statement; or
 (b) the entity:
 (i) became aware of the false or misleading nature of the relevant statement made to the Commissioner or another entity after the statement had been made; and
 (ii) did not tell the Commissioner or other entity about it within a reasonable time; or
 (c) the entity had previously been liable to a penalty under this Subdivision.

175‑30  Reduction of penalty if entity voluntarily tells the Commissioner
 (1) Reduce the amount by 20% of the base penalty amount if:
 (a) the Commissioner tells the entity that an examination is to be made of the entity's affairs relating to this Act; and
 (b) after that time, the entity voluntarily tells the Commissioner, in the approved form, about the false or misleading nature of the relevant statement; and
 (c) telling the Commissioner can reasonably be estimated to have saved the Commissioner a significant amount of time or significant resources in the examination.
 (2) Reduce the amount to nil if the entity voluntarily tells the Commissioner, in the approved form, about the false or misleading nature of the relevant statement before:
 (a) the day the Commissioner tells the entity that an examination is to be made of the entity's affairs relating to this Act; or
 (b) if the Commissioner makes a public statement requesting entities to make a voluntary disclosure by a particular earlier day about a matter that applies to its affairs—that earlier day.
 (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