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 139-90   PERPETRATOR MUST NOTIFY COURT ABOUT CERTAIN THINGS  
Circumstances existing when application is made

139-90(1)    
The perpetrator must notify the Court if any of the following circumstances exist at the time the perpetrator is given notice of the application under section 139-55 :

(a)    an application mentioned in subsection 139-60(2) (other than in paragraph (f) ) has been made in relation to the perpetrator and has not been finally determined;

(b)    the perpetrator is aware that an application for a restraining order has been made in relation to the perpetrator ' s * superannuation interests and has not been finally determined;

(c)    a restraining order is in force in relation to the perpetrator ' s superannuation interests;

(d)    the perpetrator is a bankrupt in respect of a bankruptcy from which the perpetrator has not been discharged.

139-90(2)    
The notice must be given as soon as practicable after the perpetrator is given notice of the application made under section 139-55 .

Things happening after application has been made

139-90(3)    
The perpetrator must notify the Court if any of the following events occur after the perpetrator is given notice of the application under section 139-55 (but before the application is finally determined):

(a)    an application mentioned in subsection 139-60(2) (other than in paragraph (f) ) is made in relation to the perpetrator;

(b)    an application mentioned in subsection 139-60(2) (other than in paragraph (f) ) in relation to the perpetrator is finally determined;

(c)    a restraining order is made in relation to the perpetrator ' s * superannuation interests;

(d)    a restraining order made in relation to the perpetrator ' s superannuation interests ceases to be in force;

(e)    the perpetrator becomes bankrupt;

(f)    the perpetrator ' s bankruptcy is discharged.

139-90(4)    
The notice must be given as soon as practicable after the event occurs.

Offence

139-90(5)    
A person commits an offence if:

(a)    the person is subject to a requirement under subsection (1) or (3) ; and

(b)    the person fails to comply with the requirement.

Penalty: 50 penalty units.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.