Commonwealth Consolidated Acts

PAYMENT TIMES REPORTING ACT 2020

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Simplified outline of this Act  
   5.      Definitions  
   6.      Meaning of constitutionally covered entity  
   7.      Meaning of reporting entity  
   8.      Meaning of reporting period  
   9.      Act binds the Crown  
   10.     Extension to external Territories  

   PART 1A--PROVISIONS--ABOUT REPORTING ENTITIES AND REPORTING NOMINEES

           Division 1--Introduction

   10A.    Simplified outline of this Part  

           Division 2--Volunteering entities

   10B.    Volunteering entity determination  
   10C.    Application for Regulator to make a volunteering entity determination  
   10D.    Revocation of volunteering entity determination  

           Division 3--Subsidiary reporting entities

   10E.    Subsidiary reporting entity determination  
   10F.    Application for Regulator to make a subsidiary reporting entity determination  
   10G.    Revocation of subsidiary reporting entity determination  

           Division 4--Ceasing to be a reporting entity

   10H.    Notice that entity has ceased to be a reporting entity  
   10J.    Reporting entities must not give false or misleading notices  
   10K.    Regulator may determine that entity is to cease to be a reporting entity  

           Division 5--Reporting nominees

   10L.    Reporting nominee determination  
   10M.    Application for Regulator to make a reporting nominee determination  
   10N.    Revocation of reporting nominee determination  

           Division 6--Exempt entities

   10P.    Exempt entity determination  
   10Q.    Application for Regulator to make an exempt entity determination  
   10R.    Revocation of exempt entity determination  

           Division 7--Entity information

   10S.    Requirement to provide entity information  

   PART 2--REPORTING--PAYMENT TIMES

           Division 1--Introduction

   11.     Simplified outline of this Part  

           Division 2--Reporting payment times

   12.     Reporting entities and reporting nominees must report payment times  
   13.     When report must be given  
   13A.    Extension of time to give report--single extension of 28 days or less  
   13B.    Extension of time to give report--other extensions  
   14.     Reporting requirements  
   15.     Civil penalty provision for failure to report  
   16.     Reporting entities and reporting nominees must not give false or misleading reports  

           Division 3--Access to payment times reports

   17.     Payment Times Reports Register  
   18.     Contents of register  
   19.     Revised payment times reports  
   20.     Regulator may remove certain information  
   21.     Removal or non - publication of payment times reports for volunteering entities that fail to comply with Act  
   22.     Publication of information about failure to comply with Act  
   22A.    Publication of other information  

           Division 4--Slow small business payers

   22B.    Minister may give slow small business payer direction  
   22C.    Other provisions about giving slow small business payer directions  
   22D.    Slow small business payers  
   22E.    Requirements that may be included in slow small business payer direction  
   22F.    Duration of slow small business payer direction  
   22G.    Civil penalty provision for failure to comply with slow small business payer direction  
   22H.    Publication on Register  

           Division 5--Fast small business payers

   22J.    Fast small business payers  
   22K.    List of fast small business payers  
   22L.    False representations in relation to fast small business payers  

   PART 3--PAYMENT--TIMES REPORTING REGULATOR

           Division 1--Introduction

   23.     Simplified outline of this Part  

           Division 2--Payment Times Reporting Regulator

   24.     Payment Times Reporting Regulator  
   25.     Functions of the Regulator  
   26.     Powers of the Regulator  
   27.     Delegation by the Regulator  

           Division 3--Applications made to the Regulator

   27A.    Requirements for applications made to the Regulator  
   27B.    Fees for applications made to the Regulator  

   PART 4--COMPLIANCE--AND ENFORCEMENT

           Division 1--Introduction

   28.     Simplified outline of this Part  

           Division 2--Obligations of reporting entities and reporting nominees

   29.     Record - keeping requirements--reporting entities  
   29A.    Record - keeping requirements--reporting nominees  
   30.     Compliance audits  

           Division 2A--Information-gathering powers

   30A.    Regulator may obtain information  
   30B.    Civil penalty provision for failure to comply with notice  

           Division 3--Regulatory powers

   31.     Monitoring powers  
   32.     Investigation powers  
   33.     Civil penalty provisions  
   34.     Infringement notices  
   34A.    Enforceable undertakings  
   35.     Appointment of authorised officers  
   36.     Appointment of infringement officers  

   PART 5--PROTECTED--INFORMATION

           Division 1--Introduction

   38.     Simplified outline of this Part  

           Division 2--Authorised use or disclosure

   39.     Performing functions or exercising powers under this Act  
   40.     Policy development  
   40A.    Compliance auditors  
   41.     Proceedings etc.  
   42.     Enforcement related activity  
   43.     Information required by another Australian law  
   44.     Person to whom information relates--disclosure and consent  
   45.     Person who provided information  

           Division 3--Unauthorised use or disclosure

   46.     Unauthorised use or disclosure  

   PART 6--MISCELLANEOUS

           Division 1--Introduction

   47.     Simplified outline of this Part  

           Division 2--Treatment of certain kinds of entities

   48.     Treatment of partnerships  
   49.     Treatment of unincorporated associations or bodies of persons  
   50.     Treatment of trusts and superannuation funds and approved deposit funds that are trusts  

           Division 3--Reviewable decisions

   51.     Reconsideration and review of decisions  
   52.     Application for reconsideration of reviewable decision  
   53.     Reconsideration of reviewable decision  
   54.     Review by the Administrative Review Tribunal--reconsideration decisions  
   54AA.   Review by the Administrative Appeals Tribunal--decisions made by the Minister  

           Division 4--Other matters

   55.     Former reporting entities  
   55A.    Former reporting nominees  
   55B.    Delegation by the Minister  
   56.     Annual report  
   57.     Protection against civil liability  
   57A.    Review of operation of this Act  
   57B.    Requirements for review  
   58.     Rules