Taxation Administration Act 1953

PART IVA - DEPARTURE FROM AUSTRALIA OF CERTAIN TAX DEBTORS  

Division 2 - Prohibition and authorisation of departure of certain tax debtors  

SECTION 14S   DEPARTURE PROHIBITION ORDERS  

14S(1)  
Where:


(a) a person is subject to a tax liability; and


(b) the Commissioner believes on reasonable grounds that it is desirable to do so for the purpose of ensuring that the person does not depart from Australia for a foreign country without:


(i) wholly discharging the tax liability; or

(ii) making arrangements satisfactory to the Commissioner for the tax liability to be wholly discharged,

the Commissioner may, by order in accordance with the prescribed form, prohibit the departure of the person from Australia for a foreign country.

14S(2)  
Subject to subsection (3), a departure prohibition order remains in force unless and until revoked under section 14T or set aside by a court.

14S(3)  
A departure prohibition order made in respect of a person shall be taken, by virtue of this subsection, not to be in force in respect of the person during any period during which an order is in force under the Migration Act 1958 for the deportation of the person.

14S(4)  
Where a departure prohibition order is made in respect of a person, the Commissioner shall forthwith:


(a) cause the person to be informed, as prescribed, of the making of the order; and


(b) subject to subsection (5), cause a copy of the order, and such information as the Commissioner considers is likely to facilitate the identification of the person, to be given to:


(i) the Immigration Secretary; and

(ii) such other persons as the Commissioner considers appropriate, being persons prescribed, or included in a class of persons prescribed, for the purposes of this paragraph.

14S(5)  


Where a departure prohibition order is made in respect of a person whom the Commissioner is satisfied is an Australian citizen, the Commissioner shall not cause a copy of the order, or any information likely to facilitate the identification of the person, to be given to the Immigration Secretary unless the Commissioner is of the opinion that it is desirable to do so.

 

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