A New Tax System (Family Assistance) (Administration) Act 1999

PART 8B - NOMINEES  

Division 4 - Functions and responsibilities of nominees  

219TK   Statement by payment nominee regarding disposal of money  

(1)    
The Secretary may give the payment nominee of a person a notice that requires the nominee to give the Department a statement about a matter relating to the disposal by the nominee of an amount paid to the nominee on behalf of the person.

(2)    
Subject to subsection (3), a notice under subsection (1):

(a) must be in writing; and

(b) may be given personally or by post or by any other means approved by the Secretary; and

(c) must specify how the nominee is to give the statement to the Department; and

(d) must specify the period within which the nominee is to give the statement to the Department.

(3)    
A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).

(4)    
The period specified under paragraph (2)(d) must not end earlier than 14 days after the day on which the notice is given.

(5)    
A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

(6)    
A nominee must not refuse or fail to comply with a notice under subsection (1).

Penalty: 60 penalty units.

(7)    
Subsection (6) applies only to the extent to which the person is capable of complying with the notice.

(8)    
Subsection (6) does not apply if the person has a reasonable excuse.

(9)    
An offence against subsection (6) is an offence of strict liability.

(10)    
This section extends to:

(a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and

(b) all persons, irrespective of their nationality or citizenship.