22GCivil penalty provision for failure to comply with slow small business payer direction

22G Civil penalty provision for failure to comply with slow small business payer direction

(1) An entity that is a reporting entity or a reporting nominee is liable to a civil penalty if: (a) the Minister gives the entity a slow small business payer direction; and (b) the entity fails to comply with the direction.

Civil penalty: 200 penalty units.

(2) For the purposes of subsection (1), the reference in paragraph 82(5)(a) of the Regulatory Powers Act to 5 times the pecuniary penalty specified for the civil penalty provision has effect as if it were a reference to 0.6% of the total income for the person for the income year in which the contravention occurred.

Note: This subsection modifies the maximum pecuniary penalty that a body corporate can be ordered to pay for a contravention of subsection (1).

(3) Subsection (1) does not apply if compliance with the direction (including compliance by a constitutionally covered entity controlled by the reporting entity publishing statements or information, as mentioned in paragraph 22E(1)(b)) would contravene any Australian law.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).