103Annual statements

#### 103 Annual statements 103 Annual statements > > (1) A scheme participant must lodge with the Scheme Regulator a statement (an annual statement) each year on or before— > > > > > (a) 15 December, or > > > > > (b) a later day specified by the Scheme Regulator for the scheme participant. > > > (2) An annual statement must contain the following— > > > > > (a) an assessment of the scheme participant’s individual certificate target for the previous compliance period, > > > > > (b) an assessment of the amount of any shortfall penalty payable by the scheme participant for the previous compliance period, including any shortfall penalty for a carried forward shortfall, > > > > > (c) other matters required by the Scheme Regulator. > > > (3) If the scheme participant seeks to elect to surrender one or more certificates for the purposes of meeting its individual certificate target for the compliance period to which the annual statement relates, the election must— > > > > > (a) accompany the annual statement, and > > > > > (b) contain details of the certificates proposed to be surrendered. > > > (4) If a scheme participant seeks to elect to carry forward a shortfall, or part of a shortfall, for the compliance period to which the annual statement relates, the election must accompany the annual statement. > > > (5) An annual statement, and any election that accompanies the statement, must be in a form approved by the Scheme Regulator. > > > (6) A scheme participant who fails to lodge an annual statement in accordance with this clause is guilty of an offence. > > > > Maximum penalty (subclause (6))—250 penalty units for a corporation or 100 penalty units for an individual. > > > (7) Regulations may be made in relation to the following— > > > > > (a) assessments by the Scheme Regulator of the matters referred to in subclause (2)(a) and (b), if a scheme participant does not lodge an annual statement as required under this clause, > > > > > (b) the amendment of assessments of the matters referred to in subclause (2)(a) and (b), at the request of a scheme participant or on the Scheme Regulator’s own motion.