Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 11B

Electronic lodgment of approved forms

             (1)  If a person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b):

                     (a)  the form is taken to constitute a written notice; and

                     (b)  if the form includes the electronic signature of a person--the form is taken to be signed by that person.

             (2)  The person's electronic signature is a unique identification, in an electronic form, that is approved by the Regulator for use by the person.

             (3)  A person is guilty of an offence if:

                     (a)  the person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and

                     (b)  either:

                              (i)  the form purports to be given by another person; or

                             (ii)  the form purports to be given on behalf of another person, and that other person has not consented to the giving of the form.

Maximum penalty:    50 penalty units.

             (4)  A person is guilty of an offence if:

                     (a)  the person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and

                     (b)  the form includes the electronic signature of another person who has not consented to the inclusion of the signature.

Maximum penalty:    50 penalty units.

             (5)  Subsections (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code .



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