11Returns

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.