Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules  

PART 4-15 - COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS  

Division 269 - Penalties for directors of non-complying companies  

Subdivision 269-B - Obligations and penalties  

SECTION 269-20   PENALTY  

Penalty for director on or before due day

269-20(1)  
You are liable to pay to the Commissioner a penalty if:


(a) at the end of the due day, the directors of the company are still under an obligation under section 269-15 ; and


(b) you were under that obligation at or before that time (because you were a director).

Note:

Paragraph (1)(b) applies even if you stopped being a director before the end of the due day: see subsection 269-15(2) .

269-20(2)  
The penalty is due and payable at the end of the due day.

Note:

The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section 269-25 .

Penalty for new director

269-20(3)  
You are also liable to pay to the Commissioner a penalty if:


(a) after the due day, you became a director of the company and began to be under an obligation under section 269-15 ; and


(b) 30 days later, you are still under that obligation.

269-20(4)  


The penalty is due and payable at the end of that 30th day.
Note:

The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section 269-25 .

Amount of penalty

269-20(5)  
The amount of a penalty under this section is equal to the unpaid amount of the company ' s liability under its obligation.

Note 1:

See section 269-40 for the effect on your penalty of the company discharging its obligation, or of another director paying his or her penalty.

Note 2:

See section 269-45 for your rights of indemnity and contribution.




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