Fringe Benefits Tax Assessment Act 1986

PART X - STATUTORY EVIDENTIARY DOCUMENTS  

SECTION 123   RETENTION OF STATUTORY EVIDENTIARY DOCUMENTS  

123(1)   [Document deemed not given or made]  

For the purposes of Part III , where an employer fails to retain, for the retention period, a statutory evidentiary document given to or made by the employer, the statutory evidentiary document shall be deemed never to have been given to or made by the employer.

123(2)   [Car documents deemed not maintained]  

For the purposes of sections 10A and 10B , where an employer fails to retain, for the retention period, statutory evidentiary documents, being log book records or odometer records maintained by or on behalf of the employer, those documents shall be deemed never to have been maintained.

123(3)   [Substitute documents deemed not maintained]  

For the purposes of subparagraph 24(1)(c)(ia) or (i) , where an employer fails to retain, for the retention period, statutory evidentiary documents, being substitute documentary evidence maintained by or on behalf of the employer, those documents shall be deemed never to have been maintained.

123(4)   [Substitute for lost original document]  

Where:

(a) a statutory evidentiary document (in this subsection referred to as the " original document " ) in relation to an employer is lost or destroyed; and

(b) the employer has a document (the substitute document ) that:

(i) is a copy of the original document; or

(ii) properly records all of the matters as set out in the original document and was in existence when the original document was lost or destroyed;

the substitute document shall be deemed, for the purposes of this section, to be, and to have been at all times after the original document was lost or destroyed, the original document.

123(5)   [Loss beyond control where no substitute]  

Where:

(a) a statutory evidentiary document in relation to an employer is lost or destroyed; and

(b) the Commissioner is satisfied that:

(i) the employer took all reasonable precautions to prevent loss or destruction of the document; and

(ii) (Omitted by No 145 of 1995)

(iii) subsection (4) does not apply in relation to the document; and

(iv) (Omitted by No 145 of 1995)

subsection (1), (2) or (3), as the case requires, does not apply, and shall be deemed not to have applied, at any time after the document was lost or destroyed.

123(6)   [Loss before document given to employer]  

Where:

(a) a provision of this Act makes provision for a person to give a statutory evidentiary document (in this subsection referred to as the " original document " ) to an employer;

(b) the original document is lost or destroyed before it is given to the employer; and

(c) the Commissioner is satisfied that:

(i) the person took all reasonable precautions to prevent loss or destruction of the document; and

(ii) (Omitted by No 145 of 1995)

(iii) the person does not have a document that:

(A) is a copy of the original document; or

(B) properly records all of the matters set out in the original document and was in existence when the original document was lost or destroyed; and

(iv) (Omitted by No 145 of 1995)

that provision of this Act has effect as if the original document had been given by the person to the employer and had been retained by the employer for the retention period.

123(7)   [Amended assessment]  

Nothing in section 74 prevents the amendment of an assessment for the purpose of giving effect to this section.