Scrutiny of Bills Alert Digest No. 4 of 1999

Criminal Code Amendment (Bribery of Foreign Public Officials) Bill 1999

This bill was introduced into the Senate on 10 March 1999 by the Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Justice and Customs]

The bill proposes to give effect to the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions by amending the Criminal Code Act 1995 to:

prohibit providing or offering a benefit which is not legitimately due to another person with the intention of influencing a foreign public official in the exercise of their duties in order to obtain or retain business or business advantage that is not legitimately due to the recipient or intended recipient;
apply the prohibition to conduct within and outside Australia and when the conduct occurs wholly outside Australia, the person is an Australian citizen or the company is a company incorporated in Australia; and
ensure that the ancillary offences of attempt, complicity, incitement and conspiracy which occur within and outside Australia apply where they relate to conduct involved in the primary offence.

Reversal of the onus of proof

Proposed sections 70.3 and 70.4

This bill proposes to amend the Criminal Code Act 1995 by inserting Division 70 as part of a new Chapter 4 into the Criminal Code. Proposed new section 70.2 sets out the elements of the offence of bribing a foreign public official.

Proposed new sections 70.3 and 70.4 provide relevant defences. Section 70.3 sets out the terms of the defence of conduct lawful in the country of the foreign public official. Section 70.4 provides a defence where a payment is a “facilitation payment made to expedite or secure the performance of a routine government action of a minor nature”. Each of these sections imposes an evidential burden on defendants, requiring them to prove certain matters if they wish to avoid a finding of guilt.

Proposed new section 70.5 also sets out various matters akin to a defence. In general terms, this section provides that a person does not commit an offence under section 70.2 unless the conduct constituting the offence occurs in Australia, or (if its occurs outside Australia) the offender is an Australian citizen or corporation. In this instance, however, the prosecution bears the onus of showing that the terms of this section have been complied with.

The Committee, therefore, seeks the Minister's advice as to why proposed sections 70.3 and 70.4 impose an evidential burden on defendants, and whether those sections may be phrased in similar terms to proposed section 70.5, thereby leaving the burden of proof of the matters under those sections on the prosecution.

Pending the Minister's advice, the Committee draws Senators' attention to these provisions, as they may be considered to trespass unduly on personal rights and liberties in breach of principle 1(a)(i) of the Committee's terms of reference.

Employee Protection (Wage Guarantee) Bill 1999

This bill was introduced into the House of Representatives on 8 March 1999 by Mrs Crosio as a Private Member's bill.

The bill proposes to protect workers in the event of their employer's insolvency by:

establishing a scheme of wage protection insurance;
requiring employers to insure their workforces under the scheme; and
providing for the determination and enforcement of claims under the scheme.

The Committee has no comment on this bill.

Export Market Development Grants Legislation Amendment Bill 1999

This bill was introduced into the House of Representatives on 10 March 1999 by the Minister for Trade. [Portfolio responsibility: Trade]

The bill proposes to amend the following Acts:

Export Market Development Grants Act 1997 to:

extend the Export Market Development Grants scheme for two years to grant year 2000/2001;
ensure that where previously paid grants are to be disregarded, they are disregarded for all purposes under the Act;
replace the term “grants entry test” with “grants entry requirements”;
ensure that the requirement that an applicant be “genuinely carrying on business in Australia” is applicable to trusts;
ensure that trusts have access to “new markets”;
ensure that only 65 per cent of first class airfares are claimable expenses;
remove certain terms from the application of 46A of the Acts Interpretation Act 1901;
ensure that Austrade is unable to consider an application for grants lodged beyond five months after the end of a grant year;
provide that an eligible applicant may receive three grants in respect of each “new market”; and
make technical amendments;

Australian Trade Commission Act 1985 to allow Austrade to publicly provide the addresses of grant recipients and their industry sectors; and

Export Market Development Grants (Repeal and Consequential Provisions) Act 1997 to limit the life of all “approved body” to three years subject to extension upon review by Austrade.

The Committee has no comment on this bill.

Financial Sector Reform (Amendments and Transitional Provisions) Bill (No. 1) 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Treasury]

The bill proposes to amend the following Acts:

Australian Prudential Regulation Authority Act 1998 to enable the Australian Prudential Regulation Authority (APRA), as a result of an agreement with a State or Territory, to be contracted to provide prudential regulation and advisory services for trustee companies and housing cooperatives on a fee for service basis;

Banking Act 1959 to:

apply the Criminal Code to all offences against the Banking Act;
extend the bank holidays and unclaimed moneys provisions to all authorised deposit-taking institutions;
extend APRA's powers in relation to standards on prudential matters and direction powers;

Corporations Law to:

provide for the registration of financial institutions and friendly societies as companies and regulation of those entities under the Corporations Law by the Australian Securities and Investments Commission;
make amendments consequential on financial institutions and friendly societies becoming companies;
provide that registration of the transferring financial institutions under their previous governing legislation in the States and Territories is cancelled, and no new registrations under such legislation is permitted;

Life Insurance Act 1995 to establish a prudential regime for financial institutions providing life insurance products and to permit friendly societies to be regulated under such a regime; and

Reserve Bank Act 1959 to:

apply the Criminal Code to all offences against the Act; and

makes miscellaneous amendments to 12 Acts, consequential amendments to 38 Acts and transitional, saving and application provisions.

Commencement on Proclamation

Subclauses 3(2), 3(6) and 3(16)

By virtue of subclause 3(2), various provisions in this bill are to commence on “the transfer date”. This date is defined as the date that is specified by the Governor-General by Proclamation under subclause 3(16). Similarly, subclause 3(6) will permit item 3 of Schedule 6 to commence on Proclamation. In each case, no further date is specified within which the provisions are to commence in any event.

While the Committee consistently draws attention to such provisions in the context of Office of Parliamentary Counsel Drafting Instruction No 2 of 1989, it is apparent that the commencement of these provisions depends on the passage of complementary legislation in the States and Territories. Therefore, these provisions are within one of the exceptions provided for in that Drafting Instruction.

In these circumstances, the Committee makes no further comment on these provisions.

Retrospective application

Subclauses 3(7), 3(8) and 3(9)

The amendments referred to in subclauses 3(7), 3(8) and 3(9) are to commence retrospectively at various times. However, in each case the Explanatory Memorandum notes that these amendments are for the purpose of correcting drafting errors and misdescribed amendments, and make no substantive change to the law.

In these circumstances, the Committee makes no further comment on these provisions.

Financial Sector (Transfers of Business) Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister representing the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Treasury]

The bill proposes to enable the Australian Prudential Regulation Authority to:

approve an application for the transfer of part or all of the business of one prudentially regulated entity to another (a voluntary transfer); or
require, in limited circumstances, a prudentially regulated entity to transfer part or all of its business to another entity (a compulsory transfer).

The Committee has no comment on this bill.

Health Legislation Amendment Bill (No. 3) 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Health and Aged Care. [Portfolio responsibility: Health and Aged Care]

The bill proposes to amend the following Acts:

National Health Act 1953 to:

transfer responsibility for registration, cancellation of registration and merger approval from the Minister to the Private Health Insurance Administration Council (PHIAC);
restrict new registrations to companies whose primary purpose is the operation of a health benefits fund;
require any current registered organisations that are unincorporated associations to become incorporated as a company;
require registered organisations, when taking any action relating to the application, investment or management of the assets of the health benefits fund conducted by it, to give priority to the interest of the contributors to the fund;
require payments from the health benefits funds to be used only for health insurance business purposes;
allow the Court to set aside certain transactions that are manifestly not in the interests of contributors;
create a new civil penalty regime that makes directors liable for serious contraventions of the Act by registered organisations;
create a part-time Deputy Commissioner position (to be held by a member of PHIAC);
repeal the current minimum reserve requirements;
allow both the Minister and the PHIAC to appoint inspectors to examine the affairs of registered organisations in certain circumstances;
repeal the Court ordered judicial management, compulsory transfer and winding up of funds provisions;
allow PHIAC to appoint an administrator to either a fund or organisation in difficulty, have the administrator operate in the interests of contributors, and require the administrator to recommend to the PHIAC the most appropriate options for the fund or organisation;
require Court approval before a fund or registered organisation in difficulty can be forced to comply with a scheme of arrangement to be wound up;
give health benefit fund contributors priority over other unsecured creditors in the distribution of fund assets in a winding up;
make directors liable for any loss to the fund in certain circumstances; and
allow all funds and all incorporated registered organisations, if solvent, to enter into a voluntary winding up; and

Private Health Insurance Incentives Act 1998, Health Insurance Commission Act 1973 and National Health Act 1953 to:

allow the Health Insurance Commission (HIC) 14 days to either grant or refuse a claim for the incentive payment and provide for internal review by the HIC of a decision refusing to pay a claim;
enable a person or their employer, having paid premiums, to register for the premiums reduction scheme;
remove the requirement for annual registration in the premiums reduction scheme for individuals and health funds;
provide that the Minister may revoked the status of a participating fund;
require a health fund, when given notice, to produce a certificate in writing by a registered company auditor as to the correctness of its accounts and records in relation to the 30 per cent rebate;
specify additional categories that are debts due to the Commonwealth and who the money is recoverable from and allow the HIC to set off debts against amounts that are payable;
require a health fund to provide the HIC, when given notice, information in relation to people who have had a policy issued by the fund or have paid premiums in relation to a policy;
enable the Minister to make principles relating to personal information which a health fund must comply with; and
make consequential amendments.

Retrospective application

Subclause 2(5) and Schedule 3

By virtue of subclause 2(5), the amendments proposed in Schedule 3 are to commence retrospectively on 1 January 1999. However, the Explanatory Memorandum notes that these amendments are intended to “relate to the day to day implementation or operation of the [health insurance incentives] scheme”, and “are designed to operate retrospectively so as to ensure the smooth operation of the incentives scheme from 1 January 1999”. The amendments do not impose any new or additional burden on members of the public.

In these circumstances, the Committee makes no further comment on these provisions.

Higher Education Legislation Amendment Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Education, Training and Youth Affairs. [Portfolio responsibility: Education, Training and Youth Affairs]

The bill proposes to amend the following Acts:

Higher Education Funding Act 1988 to:

reflect the name change of James Cook University of North Queensland to James Cook University;
make the University of the Sunshine Coast eligible for Commonwealth funding as an independent institution;
specify how a notice of decision by the Secretary in relation to an application to remit either a Higher Education Contribution semester debt or an Opening Learning study period debt is to be given;
implement voluntary student unionism by preventing any institution receiving grants under the Act from making it a condition of enrolment that a student be a member of any association; and
make a technical amendment; and

Higher Education Funding Act 1988 and States Grants (General Purposes) Act 1994 to remove the Minister's discretion to approve direct funding of student organisations under the Student Organisation Support Program.

The Committee has no comment on this bill.

Income Tax Rates Amendment (RSAs Provided by Registered Organizations) Bill 1999

The bill proposes to amend the Income Tax Rates Act 1986 to specify the rates of tax that apply to the retirement savings account business of friendly societies and other registered organisations.

The Committee has no comment on this bill.

Referendum Legislation Amendment Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Attorney-General. [Portfolio responsibility: Special Minister of State]

The bill proposes to:

allow expenditure by the Commonwealth on proposed public information activities related to the lead-up to the 1999 constitutional referenda;
enable the Australian Electoral Commission to arrange wider distribution of the Yes/No case pamphlets, including publication on the Internet;
provide that when referendums on two or more proposed laws are to be held on the same day and 28 days notice is given before the issue of the writ, the ballot-papers for each of the referendums are to be printed on separate pieces of different coloured paper; and
make a technical amendment relating to voting outside the polling place.

The Committee has no comment on this bill.

Superannuation Legislation Amendment Bill (No. 2) 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the following:

Small Superannuation Accounts Act 1995 to change the arrangements governing the early release of monies from the Superannuation Holding Accounts Reserve to individuals on whose behalf the monies are held;

Income Tax Assessment Act 1936 so that special income of a complying superannuation fund, approved deposit fund (ADF) or pooled superannuation trust (PST) will include:

distributions from all trusts other than where the superannuation fund, ADF or PST has a fixed entitlement to income from that trust; and
non arm's length trust distributions of income where the superannuation fund, ADF or PST has a fixed entitlement to income from that trust; and

Superannuation Guarantee (Administration) Regulations to continue from 1 August 1996 an exemption from the Superannuation Guarantee for employers in respect of certain senior foreign executives.

Legislation by press release

Schedule 2

The amendments proposed by Schedule 2 to this bill are to apply from 25 November 1997 (see item 3). The Explanatory Memorandum notes that this is the date of a press release issued by the Treasurer.

This would suggest that the bill was not introduced until some 16 months after the issue of the press release. However, the Explanatory Memorandum goes on to observe that the amendments “were originally introduced on 2 July 1998 in Taxation Laws Amendment Bill (No 5) 1998”. That bill lapsed on the announcement of the federal election.

However, even given this explanation, it is apparent that the original bill was introduced more than 7 months after the date of the press release. The Committee has consistently drawn attention to the Senate Resolution of 8 November 1988, which deals with tax legislation and which provides that:

where the Government has announced, by press release, its intention to introduce a Bill to amend taxation law, and that Bill has not been introduced into the Parliament or made available by way of publication of a draft Bill within 6 calendar months after the date of that announcement, the Senate shall, subject to any further resolution, amend the bill to provide that the commencement date of the Bill shall be a date that is no earlier than either the date of introduction of the Bill into the Parliament or the date of publication of the draft Bill.

The Committee, therefore, seeks the Minister's advice as to the effect of this Senate resolution on the proposed commencement date of the bill.

Pending the Minister's advice, the Committee draws Senators' attention to this provision, as it may be considered to trespass unduly on personal rights and liberties in breach of principle 1(a)(i) of the Committee's terms of reference.

Retrospective application

Schedule 3

The amendments proposed in Schedule 3 are intended to continue an exemption from the superannuation guarantee for employers in respect of certain senior foreign executives who meet criteria equivalent to those previously met by the former class 413 overseas executive visa. These amendments are to apply retrospectively from 1 August 1996 (see item 2), which is the date that the exemption was rendered ineffective by the re-numbering of immigration visa classes. Therefore, these amendments are beneficial to taxpayers.

In these circumstances, the Committee makes no further comment on these provisions.

Taxation Laws Amendment Bill (No. 4) 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the following Acts:

Income Tax Assessment Act 1997 to:

allow income tax deductions for gifts made to certain funds and organisations;
ensure grants paid to eligible businesses by the Katherine District Business Re-establishment Fund are exempt from income tax;
treat all public entities as having had a change in underlying interests at 30 June 1999, unless they can satisfy the Commissioner of Taxation that they have maintained continuity of majority underlying interests;
ensure that public entities include those that are jointly owned by one or more public entities;
amend provisions relating to small business retirement exemption rules that exempt a capital gain made by an individual, private company or a trust from a CGT event happening to an asset used in a business; and
extend the small business retirement exemption rules to land and buildings held by a taxpayer where the land and buildings are used by another entity connected with the taxpayer;
rewrite the small business roll-over rules;
rewrite the measure that adjusts the costs bases and reduced costs bases of shares (and loans) where there has been an underlying shift between companies under common ownership;
make changes relating to how taxpayers keep their records for determining their capital gains tax liability;
exempt reimbursements or payments of expenses under the M4/M5 Cashback Scheme for tolls paid on the M4 and M5 toll roads; and
make consequential and technical amendments;

Income Tax Assessment Act 1936 to:

remove the Commissioner of Taxation's power to disregard the “notional holder” rule which public entities may use to calculate the majority underlying interests in their assets;
enable participants in the Commonwealth Development Employment Projects (CDEP) Scheme to claim the beneficiary tax rebate in respect of the income support component of their CDEP wages; and
make consequential and technical amendments; and

Taxation Administration Act 1953 to enable the Commissioner of Taxation to disclose information acquired under a taxation law to the New South Wales Police Integrity Commission and the Queensland Crime Commission.

Retrospective application

Schedules 2 and 4

The amendments proposed in Schedule 2 to this bill will apply only to the 1997-98 income year (see item 6). These amendments concern the tax exempt status of grants paid as part of a business re-establishment package to eligible businesses and primary producers in those parts of the Katherine region devastated by floods in January 1998.

The amendment made by Schedule 4 is to apply to payments made on or after 1 July 1998. As noted above, this amendment is intended to enable participants in the CDEP Scheme to claim the beneficiary tax rebate in respect of the income support component of their CDEP wages.

In each case, the proposed amendments are beneficial to some taxpayers.

In these circumstances, the Committee makes no further comment on these provisions.

Retrospective application

Schedule 3, items 1 and 2

By virtue of item 3 of Schedule 3, the amendments proposed in items 1 and 2 of that Schedule are to apply retrospectively to a public entity “if the test time (within the meaning of Division 20 of Part IIA of the Income Tax Assessment Act 1936) was on or after 20 January 1997”. These amendments repeal section 160ZZSQ of that Act, and the note to section 160ZZSJ.

The Explanatory Memorandum notes that the financial impact of these amendments will be negligible, but it does not refer to any possible adverse effects on taxpayers, or indicate why 20 January 1997 has been chosen as an effective date. The Committee, therefore, seeks the Treasurer's advice as to whether the amendments will adversely affect any taxpayers, and why the date of 20 January 1997 was chosen as the date from which the amendments are to apply.

Pending the Treasurer's advice, the Committee draws Senators' attention to this provision, as it may be considered to trespass unduly on personal rights and liberties in breach of principle 1(a)(i) of the Committee's terms of reference.

Taxation Laws Amendment Bill (No. 5) 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the following Acts:

Sales Tax (Exemptions and Classifications) Act 1992 to ensure that the sales tax exemption for goods incorporated into property owned by, or leased to, always exempt persons (AEPs) or the government of a foreign country is only available where the property is occupied principally by an AEP or the government of a foreign country, or where the property is used principally for the provision of services to an AEP or government of a foreign country; and

Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 to:

include an amount in the assessable income of a taxpayer where amounts are unpaid on the termination of a hire purchase or limited recourse debt arrangement;
treat taxpayers who acquire capital assets by hire purchase or instalment sale as the owners of those assets for the purpose of determining eligibility for capital allowance deductions and relevant ant-avoidance provisions; and
treat hire purchase or instalment sales as though they were loan transactions; and
make consequential amendments.

Retrospective application

Schedule 1

The amendments proposed by Schedule 1 to this bill are to apply from 2 April 1998. The Explanatory Memorandum indicates that this was the date on which the amendments first appeared in legislative form (in Taxation Laws Amendment Bill (No 4) 1998).

The Committee regularly comments on the uncertainty that is often associated with `legislation by press release'. On this occasion, the Committee notes with approval that the precise form of these amendments has been available for public examination and comment since 2 April 1998 – the date from which they are to take effect. As a matter of principle, where an intention to amend the law is announced, the Committee considers that the legislation which gives effect to those amendments should be made available as quickly as possible.

In these circumstances, the Committee makes no further comment on these provisions.

Retrospective application

Schedule 2

In general terms, the amendments proposed by Schedule 2 treat hire purchasers as the owners of assets under hire purchase, and hire purchase arrangements as sale, loan and debt transactions. These amendments are to apply retrospectively from 27 February 1998. The Explanatory Memorandum indicates that this was apparently the date on which the Treasurer issued a second press release amending to some extent proposals originally included in the 1997-98 Budget speech.

The Committee has consistently drawn attention to the Senate Resolution of 8 November 1988, which deals with tax legislation and which provides that:

The Committee, therefore, seeks the Treasurer's advice as to the effect of this Senate resolution on the proposed commencement date of the bill.

Taxation Laws Amendment (CPI Indexation) Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the following Acts:

Fringe Benefits Tax Assessment Act 1986 to:

ensure that the car parking benefits threshold amount will remain unchanged if the CPI movement in the 12 months before the start of the FBT year is lower than the CPI for the preceding 12 months; and
make technical amendments;

Income Tax Assessment Act 1936 to ensure that the maximum indexed dependant rebate amount does not fall when there is a decrease in the CPI; and

Sales Tax Assessment Act 1992 to retain the wholesale sales tax quarterly remitter threshold for 1998-99 at the 1997-98 level.

Retrospective application

Subclause 2(2) and Schedule 1, items 3 and 4

By virtue of subclause 2(2), the amendments proposed in items 3 and 4 of Schedule 1 to this bill are to commence retrospectively on the date of Assent to earlier legislation. However, the amendments proposed in those items are technical only, and make no substantive change to the law.

In these circumstances, the Committee makes no further comment on these provisions.

Taxation Laws Amendment (Demutualisation of Non-insurance Mutual Entities) Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 to introduce a generic framework for the taxation of certain transactions associated with demutualisations of mutual non-insurance organisations.

Retrospective application

Schedule 2H, proposed paragraph 326-5(1)(e)

This bill proposes to insert a new Division 326 in the Income Tax Assessment Act 1936. By virtue of proposed new paragraph 326-5(1)(e), the amendments are to apply to demutualisations completed on or after 12 May 1998. The Explanatory Memorandum indicates that these amendments are Budget measures, having been foreshadowed in the 1997-98 Budget, and announced in the 1998-99 Budget speech.

The Committee accepts that, for the Government to fully implement its budgetary strategy, it needs certain fiscal and monetary measures it employs to operate from the date of their announcement rather than from the date of their enactment. This approach also minimises the risk that those measures may be avoided.

In these circumstances, the Committee makes no further comment on these provisions.

Taxation Laws Amendment (Political Donations) Bill 1999

This bill was introduced into the House of Representatives on 11 March 1999 by the Minister for Financial Services and Regulation. [Portfolio responsibility: Treasury]

The bill proposes to amend the following Acts:

Income Tax Assessment Act 1997 to allow taxpayers to make tax deductible contributions (including membership subscriptions) of $2 or more to political parties registered under the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation up to a maximum level of $1500 annually, and gifts to independent candidates and members, also up to a maximum level of $1500 annually, with effect from 1 July 1998; and

Income Tax Assessment Act 1997 and the Income Tax Assessment Act 1936 to make technical and consequential amendments.

Retrospective application

Schedule 1, Part 4

By virtue of Part 4 of Schedule 1 to this bill, the amendments proposed in that Schedule are to apply from 1 July 1998. However, these amendments are beneficial to taxpayers.

In these circumstances, the Committee makes no further comment on these provisions.

Provisions imposing criminal sanctions for failure to provide information

The Committee's Eighth Report of 1998 dealt with the appropriate basis for penalty provisions for offences involving the giving or withholding of information. In that Report, the Committee recommended that the Attorney-General develop more detailed criteria to ensure that the penalties imposed for such offences were “more consistent, more appropriate, and make greater use of a wider range of non-custodial penalties”. The Committee also recommended that such criteria be made available to Ministers, drafters and to the Parliament.

The Government responded to that Report on 14 December 1998. In that response, the Minister for Justice referred to the ongoing development of the Commonwealth Criminal Code, which would include rationalising penalty provisions for “administration of justice offences”. The Minister undertook to provide further information when the review of penalty levels and applicable principles had taken place.

For information, the following Table sets out penalties for `information-related' offences in the legislation covered in this Digest. The Committee notes that imprisonment is still prescribed as a penalty for some such offences.

TABLE

Bill/Act	Section/Subsection	Offence	Penalty
Employee Protection (Wage Guarantee) Bill 1999	32(3)	Fail to comply with a notice to provide written answers to questions or copies of documents	150 penalty units
Banking Act 1959	16B(1A)	Fail to comply with requirement from the Australian Prudential Regulation Authority (APRA) to provide information	6 months
Banking Act 1959	16B(2) 16B(3) 16B(4)	Auditor fail to inform APRA of insolvent ADI Auditor fail to inform APRA of insolvent NOHC Auditor fail to inform APRA of insolvent subsidiary	6 months 6 months 6 months

Bill/Act

Section/Subsection

Offence

Penalty

Employee Protection (Wage Guarantee) Bill 1999

32(3)

Fail to comply with a notice to provide written answers to questions or copies of documents

150 penalty units

Banking Act 1959

16B(1A)

Fail to comply with requirement from the Australian Prudential Regulation Authority (APRA) to provide information

6 months

Banking Act 1959

16B(2)

16B(3)

16B(4)

Auditor fail to inform APRA of insolvent ADI

Auditor fail to inform APRA of insolvent NOHC

Auditor fail to inform APRA of insolvent subsidiary

6 months