THE CORPORATIONS LAW

CHAPTER 5 - EXTERNAL ADMINISTRATION

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT

Division 9 - Administrator's liability and indemnity for debts of administration

Subdivision A - Liability

SECTION 443BA   CERTAIN TAXATION LIABILITIES  

443BA(1)  [Taxation liabilities of administrator]  

The administrator of a company is liable to pay to the Commissioner of Taxation:

(a)  each amount payable under a remittance provision because of a deduction made by the administrator; and

(b)  without limiting paragraph (a), so much of each amount payable under a remittance provision because of a deduction made by the company during the administration as equals so much of the deduction as is attributable to a period throughout which the administration continued;

even if the amount became payable after the end of the administration.

443BA(2)  [Definitions]  

In this section:

``remittance provision'' means any of the following provisions of the Income Tax Assessment Act 1936:

(a)  section 221F (except subsection 221F(12)) or section 221G (except subsection 221G(4A));

(b)  subsection 221YHDC(2);

(c)  subsection 221YHZD(1) or (1A);

(d)  subsection 221YN(1);

and any of the provisions of Subdivision 16-B in Schedule 1 to the Taxation Administration Act 1953.

``unpaid amount'' , in relation to an estimate, has the same meaning as in Division 8 of Part VI of the Income Tax Assessment Act 1936.