Crimes (Taxation Offences) Act 1980
PART II
-
OFFENCES RELATING TO INCOME TAX
(a) (Repealed by
No 101 of 2006
)
(b) (Repealed by
No 101 of 2006
)
(c) fringe benefits tax (see Part
IV
);
(d) petroleum resource rent tax (see Part
V
);
(e) (Repealed by
No 101 of 2006
)
(f) superannuation guarantee charge (see Part
VII
);
(g) goods and services tax (see Part
VIII
);
(h) wine equalisation tax (see Part
IX
);
(i) luxury car tax (see Part
X
).
(j) (Repealed by No 96 of 2014)
(a) the liability of a company or trustee in respect of some income tax moneys has not been finally determined for the purposes of the Income Tax Assessment Act; and
(b) the final determination of the liability of the company or trustee in respect of those income tax moneys is relevant to the determination of the question whether a person is guilty of an offence against this Act;
(c) the liability of the company or trustee in respect of those income tax moneys is finally determined; or
(d) it is finally determined that the company or trustee became liable to pay some of those income tax moneys;
Note:
The offences in this Part are applied to other taxes by the later Parts of this Act. These taxes are:
SECTION 11
STAY OF PROCEEDINGS
11(1)
[Conditions for stay of proceedings]
Where, in any proceedings under this Act (including proceedings for the purpose of obtaining an order under section 12 ), it appears to the court or magistrate that:
(a) the liability of a company or trustee in respect of some income tax moneys has not been finally determined for the purposes of the Income Tax Assessment Act; and
(b) the final determination of the liability of the company or trustee in respect of those income tax moneys is relevant to the determination of the question whether a person is guilty of an offence against this Act;
the court or magistrate shall stay the proceedings under this Act until:
(c) the liability of the company or trustee in respect of those income tax moneys is finally determined; or
(d) it is finally determined that the company or trustee became liable to pay some of those income tax moneys;
whichever first occurs.
11(2)
[Other laws]
Nothing in this section limits the power of a court or magistrate under any other law to order a stay of proceedings.