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Part 6 · Reporting Offences, Etc., Prescribed for Section 22

26. Failure to submit report in accordance with requirements

(1)

A person commits an offence if —

(a)

the person is a responsible officer of a designated entity (X) at any time during a reporting period or the period described in regulation 22(2) or 23(3) (for a key management report); and

(b)

X fails to submit —

(i)

a donations report in accordance with regulation 9;

(ii)

a foreign affiliations report in accordance with regulation 16; or

(iii)

a key management report in accordance with regulation 22 or 23.

(2)

An offence under paragraph (1) is a strict liability offence.

(3)

A person who is guilty of an offence under paragraph (1) shall be liable on conviction —

(a)

to a fine not exceeding $2,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(4)

In proceedings for an offence under paragraph (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that the relevant report was submitted in accordance with the relevant regulation.

Subregulation 1

A person commits an offence if —

(a)

the person is a responsible officer of a designated entity (X) at any time during a reporting period or the period described in regulation 22(2) or 23(3) (for a key management report); and

(b)

X fails to submit —

(i)

a donations report in accordance with regulation 9;

(ii)

a foreign affiliations report in accordance with regulation 16; or

(iii)

a key management report in accordance with regulation 22 or 23.

Subregulation 2

An offence under paragraph (1) is a strict liability offence.

Subregulation 3

A person who is guilty of an offence under paragraph (1) shall be liable on conviction —

(a)

to a fine not exceeding $2,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

Subregulation 4

In proceedings for an offence under paragraph (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that the relevant report was submitted in accordance with the relevant regulation.

Report

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Stepped-Up Measures

Part 8

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