Pt 5 has effect in relation to approved deposit funds and funds that seek or purport to be approved deposit funds, and their trustees, as if it were modified by inserting s 43A - see Temporary Modification Declaration No 12 under s 43A.
Division 2 - The Regulator may give notices about complying fund status
Heading to Div 2 substituted by No 121 of 1999, s 3 and Sch 1 item 60, effective 8 October 1999. For transitional and saving provisions, see the history note under the heading to Pt 24B. The heading formerly read:
Division 2 - APRA may give notices about complying fund status
S 39(1) amended by No 9 of 2007, s 3 and Sch 5 items 17 and 18, by inserting para (c), applicable to the 2007-2008 income year and later years.
S 39(1) amended by No 123 of 2001, s 3 and Sch 2 item 11 by substituting "a regulatory provision" for "this Act or the regulations", effective 11 March 2002.
In relation to a regulatory provision that states that a person commits an offence if they engage, or fail to engage, in specified conduct, a person is, for the purposes of this Division, taken to contravene the provision if the person engages, or fails to engage, in that conduct.
To avoid doubt, for the purposes of this Division, treat conduct giving rise to an administrative penalty under subsection 284-75(1) or (4) in Schedule 1 to the Taxation Administration Act 1953 as a contravention of that subsection.
S 39(1B) amended by No 56 of 2010, s 3 and Sch 6 item 100, by substituting "subsection 284-75(1) or (4) in Schedule 1 to the Taxation Administration Act 1953 as a contravention of that subsection" for "section 288-85 in Schedule 1 to the Taxation Administration Act 1953 as a contravention of that section", applicable in relation to things done on or after 4 June 2010.
S 39(1B) inserted by No 9 of 2007, s 3 and Sch 5 item 19, applicable to the 2007-2008 income year and later years.
39(2)[Balance of probabilities]
For the purposes of this Division, it is sufficient if a contravention is established on the balance of probabilities.
