Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.