Document ID: chunk:federal_register_of_legislation:C2004A01154:clause:1_83h
Version: federal_register_of_legislation:C2004A01154
Segment Type: clause
Provision Reference: sch 1 cl 83H
Character Range: 16228–18136

83H  Returns must be lodged with Council

 (1) A registered health benefits organization must lodge a return with the Council for each census day for the following levies:
 (a) an ACAC review levy;
 (b) a collapsed organization levy;
 (c) a Council administration levy.

 (2) The return must:
 (a) be in a form approved by the Council; and
 (b) be lodged within 28 days after a census day for a levy referred to in subsection (1); and
 (c) set out the following information:
 (i) the number of contributors who, on the census day, contribute to the health benefits fund conducted by the organization;
 (ii) the number of contributors who, on that day, contribute in respect of one person to the health benefits fund conducted by the organization;
 (iii) the number of contributors who, on that day, contribute in respect of more than one person to the health benefits fund conducted by the organization;
 (iv) any other prescribed matter relating to the setting of the rate of a levy referred to in subsection (1); and
 (d) be accompanied by a statutory declaration that verifies the information contained in the return.

 (3) A registered health benefits organization commits an offence if the organization fails to lodge the return.

Penalty: 60 penalty units.

 (4) The offence created by subsection (3) is an offence of strict liability.

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

 (5) In this section:

census day means a census day specified:
 (a) in the regulations made for the purposes of:
 (i) subparagraph 7(2)(a)(i) of the ACAC Review Levy Act; or
 (ii) subparagraph 7(2)(a)(i) of the Council Administration Levy Act; or
 (b) in a determination by the Minister under:
 (i) subparagraph 7(2)(a)(ii) of the ACAC Review Levy Act; or
 (ii) paragraph 9(3)(a) of the Collapsed Organization Levy Act; or
 (iii) subparagraph 7(2)(a)(ii) of the Council Administration Levy Act.