I, Michael D’Ascenzo, Commissioner of Taxation, make the following Legislative Instrument regarding lodgment of statements by first home saver account providers for the year ended 30 June 2009 in accordance with the:

Taxation Administration Act 1953.

Section 391-5 in Schedule 1

Citation

This instrument may be cited as ‘Lodgment of statements by first home saver account providers for the year ended 30 June 2009 in accordance with the Taxation Administration Act 1953.

LODGMENT OF STATEMENTS BY FIRST HOME SAVER ACCOUNT PROVIDERS

In accordance with section 391-5 of Schedule 1 of the Taxation Administration Act 1953 I require a first home saver account provider  to provide to me on or before 31 October 2009 or such later date as I may allow the information set out in that section.

LODGMENT OF STATEMENTS IN A CERTAIN FORM

The particulars required to be given in a statement given under section 391-5 of Schedule 1 of the Taxation Administration Act 1953 cannot be sent, typed or handwritten, on a paper form.  Lodgment of the first home saver account activity statement must be done via the Electronic Commerce Interface using one of the following two ways..

·        Electronic Commerce Interface

The information can be lodged using the Internet, provided it is formatted according to the current version of the Electronic Reporting Specification - First home saver accounts (FHSA) activity report.

·               Electronic Form

The information can be lodged via the Electronic Commerce Interface using the electronic form which can be obtained from the Tax Office or from the Tax Office website.

EXEMPTION FROM REQUIREMENT TO GIVE PARTICULARS IN A SPECIFIC FORM

Nothing in this instrument prevents me or an authorised officer of the Australian Taxation Office from granting to a first home saver account provider an exemption from providing in an electronic form the information set out in section 391-5 of Schedule 1 of the Taxation Administration Act 1953.  .

PENALTIES FOR NON-COMPLIANCE

Any person who fails or refuses to provide to me the information set out in  section 391-5 of Schedule 1 of the Taxation Administration Act 1953 commits an offence and is punishable on conviction by a fine not exceeding 20 penalty units if it is the first offence.

Alternatively, if the information required by section 391-5 of Schedule 1 of the Taxation Administration Act 1953 is not provided in the approved form and within the time prescribed then the first home saver account provider is liable to an administrative penalty under section 286-75 of the Taxation Administration Act 1953.

Note:

At the time this Instrument was registered one penalty unit was $110.00.

Michael D’Ascenzo

Commissioner of Taxation

Dated this 19th day of June 2009