Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:3_36
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 3 cl 36
Character Range: 148225–149413

36  Trustee to give copy of audit report to APRA (registrable superannuation entities only)

Lodgment

 (1) Each trustee of a registrable superannuation entity must, within the prescribed period after the year of income, ensure that APRA is given a copy of the report given to a trustee of the entity by an approved auditor under section 35C in relation to the entity, and any RSE licensee of the entity, in respect of that year of income, certified to be a true copy of the report by:
 (a) if the trustee is a body corporate—a responsible officer of the body corporate; or
 (b) if the trustee is a member of a group of individual trustees—at least one of those trustees; or
 (c) in any other case—the trustee.

Note: The Financial Sector (Collection of Data) Act 2001 makes provision for annual returns and other reporting documents to be given by trustees to APRA.

 (2) A trustee commits an offence if the trustee contravenes subsection (1).

Penalty: 50 penalty units.

 (3) A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability.

Penalty: 25 penalty units.

Note: For strict liability, see section 6.1 of the Criminal Code.