SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 5
-
Administration
History
Ch 5 title inserted by
No 73 of 2006
, s 3 and Sch 5 item 44, effective 1 July 2006.
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS RELATING TO TAXPAYERS
History
Pt 5-25 heading substituted by No 162 of 2015, s 3 and Sch 4 item 16, effective 30 November 2015. The heading formerly read:
PART 5-25
-
RECORD-KEEPING AND OTHER OBLIGATIONS OF TAXPAYERS
Pt 5-25 inserted by No 91 of 2000.
Division 384
-
Education directions
History
Div 384 inserted by No 8 of 2019, s 3 and Sch 1 item 4, effective 1 April 2019 and applicable in relation to a failure referred to in subsection
384-10(1)
in that Schedule that occurs on or after 1 July 2018 (including a failure to pay an amount that became payable before that day, and remains payable on or after that day).
SECTION 384-12
WHEN A TAX-RECORDS EDUCATION DIRECTION MAY BE GIVEN
384-12(1)
The Commissioner may give you a written direction (a
tax-records education direction
) if the Commissioner reasonably believes you have failed, at a specified time or for a specified period, to comply with one or more specified record-keeping obligations under a taxation law that:
(a)
is not set out in paragraph
288-25(2)(a)
or
(b)
; and
(b)
is not the
Superannuation Guarantee (Administration) Act 1992
.
Note:
For the requirements in the direction, see subsection
384-15(2)
.
384-12(2)
However, the Commissioner must not give you a *tax-records education direction if the Commissioner reasonably believes:
(a)
you are disengaged from the tax system; or
(b)
you are deliberately avoiding any of those obligations to keep records.
History
S 384-12 inserted by No 84 of 2022, s 3 and Sch 1 item 9, effective 1 January 2023. No 84 of 2022, s 3 and Sch 1 items 19 and 20 contain the following application and transitional provisions:
19 Application of amendments
(1)
The Commissioner may only give a direction under subsection
384-12(1)
in Schedule
1
to the
Taxation Administration Act 1953
(as inserted by this Schedule) on or after the day (the start day) after the end of the period of 3 months beginning on the day this Act receives the Royal Assent.
(2)
Such a direction may relate to a failure to comply with a record-keeping obligation arising before the start day (including a record-keeping obligation arising before the day this Act receives the Royal Assent).
20 Transitional
-
existing education directions
20
An education direction that:
(a)
is given under subsection
384-15(1)
in Schedule
1
to the
Taxation Administration Act 1953
; and
(b)
is in force immediately before the commencement of this Schedule;
continues in force (and may be dealt with) as if it had been given under subsection
384-10(1)
in Schedule
1
to that Act as amended by this Schedule.