Taxation Administration Act 1953
SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
The Commissioner may suspend all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:
(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or
(b) any other *Australian law.
The suspension of a trustee:
(a) starts when the Commissioner gives the trustee notice of the suspension under subsection (3); and
(b) ends at the time specified in the notice. 426-125(3)
If the Commissioner decides to suspend a trustee under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision; and
(c) setting out the time the suspension ends. Extension of suspensions 426-125(4)
The Commissioner may change the time the suspension of a trustee ends. 426-125(5)
If the Commissioner decides to change the time the suspension of a trustee ends under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision; and
(c) setting out the new time the suspension ends. Removal 426-125(6)
The Commissioner may remove all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:
(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or
(b) any other *Australian law.
If the Commissioner decides to remove a trustee under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision. Review of decisions under this section 426-125(8)
A trustee who is dissatisfied with any of the following decisions under this section may object in the manner set out in Part IVC of this Act:
(a) a decision to suspend the trustee;
(b) a decision to change the time a suspension of the trustee ends;
(c) a decision to remove the trustee.
Note: See section 3AA .
Chapter 5 - Administration
PART 5-35
-
REGISTRATION AND SIMILAR PROCESSES FOR VARIOUS TAXES
Division 426
-
Process of endorsing charities and other entities
Subdivision 426-D
-
Public and private ancillary funds
Suspension and removal of trustees
SECTION 426-125
SUSPENSION OR REMOVAL OF TRUSTEES
Suspension
426-125(1)
The Commissioner may suspend all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:
(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or
(b) any other *Australian law.
426-125(2)
The suspension of a trustee:
(a) starts when the Commissioner gives the trustee notice of the suspension under subsection (3); and
(b) ends at the time specified in the notice. 426-125(3)
If the Commissioner decides to suspend a trustee under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision; and
(c) setting out the time the suspension ends. Extension of suspensions 426-125(4)
The Commissioner may change the time the suspension of a trustee ends. 426-125(5)
If the Commissioner decides to change the time the suspension of a trustee ends under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision; and
(c) setting out the new time the suspension ends. Removal 426-125(6)
The Commissioner may remove all of the trustees of an *ancillary fund if the Commissioner is satisfied that the fund, or any of the trustees of the fund, have breached:
(a) the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); or
(b) any other *Australian law.
426-125(7)
If the Commissioner decides to remove a trustee under this section, the Commissioner must give to the trustee a written notice:
(a) setting out the decision; and
(b) giving the reasons for the decision. Review of decisions under this section 426-125(8)
A trustee who is dissatisfied with any of the following decisions under this section may object in the manner set out in Part IVC of this Act:
(a) a decision to suspend the trustee;
(b) a decision to change the time a suspension of the trustee ends;
(c) a decision to remove the trustee.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.