Schedule 1 Amendments
Do not delete : Schedule Part placeholder
(section 3)
[1] After section 1.3
insert
1.3A Meaning of current financial year
For section 1.3B, current financial year means a financial year for which the Council:
(a) is making a determination for subsection 73BC (6); or
(b) is deciding an amount for subsection 73BC (12).
1.3B Meaning of prescribed information
(1) Prescribed information means information, received from any source, that meets the criteria set out in subsections (2), (3) and (4).
(2) Prescribed information is information:
(a) that is about a calculation made for section 2.6 or 3.3 for a quarter that ended:
(i) during the current financial year; or
(ii) before the date by which the organisation is required, under subsection 82L (2) of the Act, to give the Council information about the financial year in which the quarter occurred; and
(b) that is received by the Council no later than by the end of the current financial year.
Example 1
Prescribed information may include information about a calculation made for the September quarter of 1998 if the information is received by the Council at any time until 30 September 1999.
This is because the organisation has until 30 September 1999 to give the Council information to prepare the Council’s report to the Minister about the 1998-1999 financial year (see subsection 82L (2) and section 82PA of the Act).
Example 2
Prescribed information does not include information about a calculation made for the June quarter of 1999 if the information is received after 30 September 1999.
This is because, by 30 September 1999, the Council must have received information about the 1998-1999 financial year to prepare its report.
(3) However, if exceptional circumstances apply, prescribed information may include information about a calculation for a quarter that ended before a quarter mentioned in paragraph (2) (a).
(4) Prescribed information must indicate that, for a quarter:
(a) the Council determined a payment, for subsection 73BC (6) of the Act, that was not an appropriate payment; or
(b) the Council decided an amount, for subsection 73BC (12) of the Act, on the basis of inaccurate information.
1.3C Meaning of exceptional circumstances
(1) For subsection 1.3B (3), exceptional circumstances includes the circumstances mentioned in this section.
(2) For a calculation made for section 2.6, an exceptional circumstance may be demonstrated by evidence, to the Council’s satisfaction:
(a) that the registered organisation did not exercise proper care in giving the Council information to which the Council is entitled under section 82G of the Act; or
(b) that the Council will be able to make the calculation more efficiently if it takes into account information about a calculation made for a quarter mentioned in subsection 1.3B (3).
(3) For a calculation made for section 3.3, an exceptional circumstance may be demonstrated by evidence, to the Council’s satisfaction, that the Council will be able to make the calculation more efficiently if it takes into account information about a calculation made for a quarter mentioned in subsection 1.3B (3).
[2] After subsection 2.2 (1)
insert
(1A) The Council may also take into account prescribed information in calculating the amounts to be paid into the Fund, for a particular quarter, by a registered organisation.
[3] Subsection 2.2 (2)
omit
subsection (1)
insert
subsections (1) and (1A)