Taxation Administration Act 1953
SCHEDULE 1
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COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
The directors (within the meaning of the Corporations Act 2001 ) of the company (from time to time) on or after the initial day must cause the company to comply with its obligation. 269-15(2)
The directors of the company (from time to time) continue to be under their obligation until:
(a) the company complies with its obligation; or
(b) an administrator of the company is appointed under section 436A , 436B or 436C of the Corporations Act 2001 ; or
(ba) a small business restructuring practitioner for the company is appointed under section 453B of that Act; or
(c) the company begins to be wound up (within the meaning of that Act).
To avoid doubt, if the obligation of the company is an obligation to pay the amount of an estimate of an underlying liability under Division 268 , a director is subject to his or her obligation under subsection (1):
(a) even if the underlying liability never existed or has been discharged in full; and
(b) even if the unpaid amount of the underlying liability is less than the unpaid amount of the estimate; and
(c) at all times on and after the day referred to in paragraph 269-10(5)(b) until the director ' s obligation ceases under subsection (2) of this section, including at any such times before the Commissioner has made the estimate or given notice of the estimate.
The Commissioner must not commence, or take a procedural step as a party to, proceedings to enforce an obligation, or to recover a penalty, of a director under this Division if an *arrangement that covers the company ' s obligation is in force under section 255-15 (Commissioner ' s power to permit payments by instalments).
Note: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rules
PART 4-15
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COLLECTION AND RECOVERY OF TAX-RELATED LIABILITIES AND OTHER AMOUNTS
Division 269
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Penalties for directors of non-complying companies
Subdivision 269-B
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Obligations and penalties
SECTION 269-15
DIRECTORS
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OBLIGATIONS
Directors
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obligations
269-15(1)
The directors (within the meaning of the Corporations Act 2001 ) of the company (from time to time) on or after the initial day must cause the company to comply with its obligation. 269-15(2)
The directors of the company (from time to time) continue to be under their obligation until:
(a) the company complies with its obligation; or
(b) an administrator of the company is appointed under section 436A , 436B or 436C of the Corporations Act 2001 ; or
(ba) a small business restructuring practitioner for the company is appointed under section 453B of that Act; or
(c) the company begins to be wound up (within the meaning of that Act).
269-15(2A)
To avoid doubt, if the obligation of the company is an obligation to pay the amount of an estimate of an underlying liability under Division 268 , a director is subject to his or her obligation under subsection (1):
(a) even if the underlying liability never existed or has been discharged in full; and
(b) even if the unpaid amount of the underlying liability is less than the unpaid amount of the estimate; and
(c) at all times on and after the day referred to in paragraph 269-10(5)(b) until the director ' s obligation ceases under subsection (2) of this section, including at any such times before the Commissioner has made the estimate or given notice of the estimate.
Instalment arrangements
269-15(3)
The Commissioner must not commence, or take a procedural step as a party to, proceedings to enforce an obligation, or to recover a penalty, of a director under this Division if an *arrangement that covers the company ' s obligation is in force under section 255-15 (Commissioner ' s power to permit payments by instalments).
Note 1:
The arrangement may also cover other obligations of the company.
Note 2:
Subsection (3) does not prevent the Commissioner from giving a director a notice about a penalty under section 269-25 .
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