Australian Capital Territory Numbered Acts

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LONG SERVICE LEAVE (PORTABLE SCHEMES) AMENDMENT ACT 2013 (NO. 49 OF 2013) - SECT 31

Section 52

substitute

52     Late fee—quarterly return or levy payment

    (1)     This section applies if an employer for a covered industry fails to—

        (a)     give the authority a return for a quarter within the time required under section 49; or

        (b)     pay the authority the levy payable under section 50 in relation to a return for a quarter at the time the return is required to be given to the authority under section 49.

    (2)     The employer is liable to pay to the authority a late fee of $100 for each month or part of a month, up to a maximum of $300, for each failure under subsection (1).

    (3)     However, the registrar may waive all or part of a late fee if satisfied that the circumstances for the failure—

        (a)     were not caused by the employer; or

        (b)     make it unfair or unreasonable to charge the late fee.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

    (4)     If a court finds a person guilty of an offence against section 49 or section 50 (whether or not it convicts the person), the court may, whether or not it imposes a penalty on the person, order the person to pay the authority—

        (a)     the late fee; and

        (b)     for a prosecution for an offence against section 50—the levy to which the prosecution relates.



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