INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VI - COLLECTION AND RECOVERY OF TAX  

Division 5 - Collection of mining withholding tax  

SECTION 221ZB   DEDUCTIONS FROM MINING PAYMENTS  

221ZB(1)   [Payer to make deduction]  

A person shall not before 1 July 2000 make a mining payment to a person or persons or apply a mining payment for the benefit of a person or persons unless the person has made a deduction from the mining payment of an amount equal to 5.8% of the amount of the mining payment.

221ZB(2)   [Offence]  

A person, other than a government, who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding $1,000.

Note:

For an alternative sanction for contravening subsection (1), see subsection 221ZD(1) .

221ZB(3)   [Court may order payment in addition to penalty]  

Where a person (in this subsection referred to as the ``convicted person'' ) is convicted before a court of an offence against subsection (2) in relation to the refusal or failure of the convicted person or another person to make a deduction from a mining payment in accordance with subsection (1), the court may, in addition to imposing a penalty on the convicted person, order the convicted person to pay to the Commissioner an amount not exceeding the amount of the deduction.