INCOME TAX ASSESSMENT ACT 1936 (ARCHIVE)

PART VII - PENALTY TAX  

SECTION 226B  

226B   CERTAIN PENALTY TAX UNDER SCHEME SECTIONS NOT PAYABLE BECAUSE OF ADVICE ETC.  
If:

(a) apart from this section, a taxpayer would be liable to pay additional tax under a scheme section in respect of a year of income; and

(b) the wrongful behaviour provision applied only because the taxpayer treated an income tax law as applying in a particular way; and

(c) that way agrees with:

(i) advice given to the taxpayer by a taxation officer; or

(ii) a general administrative practice under this Act;

the taxpayer is not liable to pay the additional tax.