Taxation Administration Act 1953

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

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 139 - Access to perpetrators ' superannuation for victims of child abuse  

Subdivision 139-B - Perpetrator contributions release orders  

Operative provisions

SECTION 139-85   GROUNDS ON WHICH PERPETRATOR MAY OPPOSE MAKING OF ORDER  

139-85(1)    
The perpetrator cannot oppose the making of an order under section 139-60 on any grounds other than the following:

(a)    one or more of the circumstances mentioned in paragraphs 139-55(1)(a) to (e) do not exist;

(b)    that the sum of contributions disclosed by the Commissioner under subsection 139-25(1) was incorrect;

(c)    that the date on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred is incorrect and that because the date is incorrect, the sum of contributions disclosed by the Commissioner under subsection 139-25(1) is incorrect;

(d)    any of the other matters stated in the application for the order are incorrect;

(e)    any other matter to which the Court grants the perpetrator leave to object.

139-85(2)    
In opposing the making of an order on the ground mentioned in paragraph (1)(b) , the perpetrator has the burden of proving that the amount of contributions disclosed was incorrect.

139-85(3)    
In opposing the making of an order on the ground mentioned in paragraph (1)(c) , the perpetrator has the burden of proving:

(a)    that the date on which the victim alleges that the conduct constituting the * specified child abuse offence first occurred is incorrect; and

(b)    that, because of the incorrect date, the sum of contributions disclosed by the Commissioner under subsection 139-25(1) is incorrect.


 

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