NSWIn ForceAct
Duties Act 1997
157AGDisqualifying circumstances
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#### 157AG Disqualifying circumstances
157AG Disqualifying circumstances
> > (1) A disqualifying circumstance occurs in relation to a unit trust scheme if—
> >
> > > (a) the unit trust scheme would no longer be able to be registered under this division if an application for registration were to be made for the scheme, or
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> > > (b) there is a failure to comply with a condition to which the registration of the unit trust scheme is subject.
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> > (2) The responsible entity for a unit trust scheme that is registered under this division must give the Chief Commissioner written notice of a disqualifying circumstance within 28 days after it occurs.
> >
> > Maximum penalty—500 penalty units.
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> > (3) If the responsible entity fails to give the notice under subsection (2) and duty becomes chargeable under section 157AH, the responsible entity must pay a penalty amount to the Chief Commissioner equal to twice the amount of duty chargeable.
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> > (4) The penalty amount is payable in addition to—
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> > > (a) the duty payable, and
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> > > (b) a penalty that may be payable under subsection (2).
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> **s 157AG:** Ins 2023 No 26, Sch 1\[8\].