Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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).