PETROLEUM RESOURCE RENT TAX ASSESSMENT ACT 1987

PART VI - RETURNS AND ASSESSMENTS  

Division 3 - Assessments (amendment)  

SECTION 71   EXTENDED PERIODS FOR AMENDMENT - FEDERAL COURT ORDERS AND TAXPAYER CONSENT  

71(1)  
This section applies if:


(a) the Commissioner has started to examine the affairs of a person in relation to an assessment; and


(b) the Commissioner has not completed the examination before the end of the limited amendment period, or that period as extended under this section.

71(2)  
The limited amendment period is extended for an additional period if:


(a) on an application by the Commissioner before the end of the limited amendment period (or that period as extended under this section), the Federal Court of Australia orders the extension for the additional period; or


(b) before the end of the limited amendment period (or that period as extended under this section):


(i) the Commissioner requests the person to consent to the extension of the limited amendment period; and

(ii) the person, by notice in writing, consents to the extension for the additional period.

71(3)  
The Federal Court of Australia may order an extension of the limited amendment period under paragraph (2)(a) only if the Court is satisfied that it was not reasonably practicable, or that it was inappropriate, for the Commissioner to complete the examination within the limited amendment period (or that period as extended under this section), because of:


(a) any action taken by the person; or


(b) any failure of the person to take action that would have been reasonable for the person to take.

71(4)  
The limited amendment period may be extended more than once under this section.

71(5)  
In this section:

limited amendment period
, for the amendment of an assessment, means the period mentioned in subsection 67(1) or 69(2) or 69(3) for the amendment of the assessment.


 

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