Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 41

Penalties in relation to returns

41. Penalties in relation to returns









(1) Any insurance company which fails to lodge a return before 15 August is
guilty of an offence and liable to a penalty of not more than 60 penalty
units.

(2) Any insurance company which lodges a return which is incomplete is to be
treated for the purposes of this section as not having lodged the return until
it lodges a complete return.

(3) In addition to the penalty under subsection (1), if an insurance company
lodges a return after the Board has made its determinations of provisional
contributions under section 40A(b) but before 1 October the Board may by
notice require the insurance company to pay all of the amount which would have
been assessed to be the insurance company's provisional contributions for the
financial year in which the return is to be lodged had the return been lodged
on or before 15 August within the period specified by the Board in the notice.

(4) In addition to the penalty under subsection (1), if an insurance company
lodges a return on or after 1 October-

   (a)  the Board may by notice require the insurance company to pay all of
        the amount which would have been assessed to be the insurance
        company's provisional contributions for the financial year in which
        the return is to be lodged had the return been lodged on or before 15
        August within the period specified by the Board in the notice; and

   (b)  the Board may charge the insurance company penalty interest at the
        rate for the time being fixed by the Governor in Council by Order in
        Council published in the Government Gazette on the balance of the
        insurance company's provisional contributions for the financial year
        in which the return is to be lodged as from 1 October.

(5) In addition to the penalty under subsection (1), if an insurance company
has not lodged a return by 1 October and in the opinion of the Board it is
unlikely to do so the following apply-

   (a)  the Board may estimate the portion of the total amount of gross
        premiums received by or due to the insurance company during the
        preceding financial year as is properly attributable to insurance
        against fire in the metropolitan area of Victoria on any basis which
        the Board considers reasonable in the circumstances;

   (b)  for the purposes of this Act, the Board's estimation under paragraph
        (a) is deemed to constitute the insurance company's return;

   (c)  for the purposes of determining the appropriate penalty under
        subsection (1), the insurance company is deemed to have lodged its
        return with effect from the date on which the Board completes its
        estimation under paragraph (a);

   (d)  the Board may by notice require the insurance company to pay all of
        the amount which would have been assessed to be the insurance
        company's provisional contributions for the financial year in which
        the return is deemed to be lodged had the return been lodged on or
        before 15 August within the period specified by the Board in the
        notice;

   (e)  the Board may charge the insurance company penalty interest at the
        rate for the time being fixed by the Governor in Council by Order in
        Council published in the Government Gazette on the balance of the
        insurance company's provisional contributions for the financial year
        in which the return is deemed to have been lodged as from 1 October.