106Record‑keeping requirements for collection agents and collection sub‑agents

106 Record‑keeping requirements for collection agents and collection sub‑agents

(1) If a collection agent receives an amount of levy under paragraph 97(2)(b) or subclause 98(4) or 99(7), the agent must: (a) keep a record of the receipt; and (b) retain that record for at least 5 years after the receipt. (2) If a collection sub‑agent receives an amount of levy under paragraph 98(2)(b) or 99(3)(b) or subclause 99(5) or (6), the sub‑agent must: (a) keep a record of the receipt; and (b) retain that record for at least 5 years after the receipt. (3) A record kept under this clause must be: (a) in English, or readily accessible and easily convertible into English; and (b) such as to enable the agent’s or sub‑agent’s liability to remit levy to be readily ascertained. (4) However, it is not necessary for a person to retain records under this clause if: (a) the Secretary notifies the person that the person does not need to retain the records; or (b) the person is a company that has been finally dissolved. (5) A person commits an offence if: (a) the person is subject to a requirement to keep or retain a record under this clause; and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement.

Penalty for contravention of this subclause: 30 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.