Tax Laws Amendment (2009 Measures No. 5) Act 2009 (118 of 2009)

Schedule 1   GST and representatives of incapacitated entities

Part 4   Transitional provisions

55   Liability of representatives of incapacitated entities

A representative of an incapacitated entity is not liable to make a payment to the Commissioner relating to a net amount if:

(a) but for this item, the representative would be liable, because of amendments made by this Schedule, to make the payment; and

(b) the liability arose as a result of acts or omissions that were within the scope of the representative's responsibility or authority for managing the incapacitated entity's affairs; and

(c) the liability arose before 6 February 2009; and

(d) the net amount has been disclosed in a GST return given to the Commissioner in accordance with the A New Tax System (Goods and Services Tax) Act 1999:

(i) before 6 February 2009; or

(ii) within the period required under that Act for giving the return; and

(e) either the incapacitated entity has paid the net amount to the Commissioner, or both of the following apply:

(i) the incapacitated entity was unable to pay the net amount to the Commissioner before 6 February 2009;

(ii) the representative did not, on that day, have access to assets of the incapacitated entity, or to an indemnity, through which the net amount could be paid to the Commissioner; and

(f) the representative acted in good faith in relation to the net amount.