Insolvency (Tax Priorities) Legislation Amendment Act 1993 (32 of 1993)

Part 2   AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936

14   Recovery of amounts by Commissioner

Section 221YR of the Principal Act is amended:

(a) by inserting before subsection (1) the following subsection:
        

"(1A) A reference in this section to an amount payable under this Division includes a reference to:

(a) the unpaid amount of an estimate under section 222AGA that relates to a liability under this Division; or

(b) a penalty payable under Subdivision E of Division 8 in relation to such an estimate; or

(c) an amount that is due and payable under an agreement under section 222ALA that relates to:

(i) a liability under this Division; or

(ii) a liability to pay an estimate relating to such a liability;

even if the agreement also relates to a liability that is not of a kind referred to in subparagraph (i) or (ii); or

(d) a penalty payable under Subdivision B of Division 9 in relation to a company's liability under this Division; or

(e) a penalty payable under Subdivision C of Division 9 in relation to an estimate relating to a company's liability under this Division; or

(f) a penalty payable under Subdivision D of Division 9 in relation to a company's liability to pay an amount of the kind referred to in paragraph (c).":

(b) by adding at the end the following subsections:
        

"(4) In making a statement, whether orally or in writing, and whether or not under oath, for a purpose connected with proceedings to recover from a person an amount payable to the Commissioner under this Division, the person may, in so far as the statement relates to a question about whether the first-mentioned person has a defence, ignore the possibility that a statutory declaration relating to an estimate may be given to the Commissioner, or an affidavit relating to an estimate may be filed, under Subdivision B, C or D of Division 8.

"(5) An expression has in subsection (1A) the same meaning as in Division 8.".