(1) A person who fails to provide a disclosure return or an annual return as required under this Part is guilty of an offence.
Penalty: 200 penalty units.
(2) A person who provides a disclosure return or an annual return as required under this Part that contains particulars that are, to the knowledge of the person, false or misleading in a material particular is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
(3) A person who gives to another person who is required to provide a disclosure return or an annual return as required by this Part any information that relates to the disclosure return or annual return and that is, to the knowledge of the first-mentioned person, false or misleading in a material particular is guilty of an offence.
Penalty: 300 penalty units or 2 years imprisonment or both.
(4) Subject to subsection (5), a person who makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are, or could be, required to be specified in a disclosure return or an annual return must retain that record for a period of at least 4 years after the disclosure return or annual return is provided to the Commission.
Penalty: 200 penalty units.
(5) Subsection (4) does not apply to a record that, in the normal course of business administration, would be transferred to another person.
(6) Despite anything to the contrary in this Act or any other Act, a prosecution in respect of an alleged offence against a provision of this section may be started at any time within 3 years after the alleged offence was committed.
S. 218B inserted by No. 30/2018 s. 60.