PART 5
-
RECORD-KEEPING REQUIREMENTS ETC.
History
Part 5 (heading) substituted by No 54 of 2003, s 3 and Sch 1 item 21, effective 1 July 2003. For application and transitional provisions, see note under definition of ``electronic signature'' in s 5. The heading formerly read:
PART 5
-
RECORD-KEEPING REQUIREMENTS
SECTION 27
POST-CLAIM RECORD-KEEPING REQUIREMENTS
27(1)
This section sets out the post-claim record-keeping requirements that apply to you in relation to a grant or benefit in respect of a particular claim period.
27(1A)
(Repealed by No 73 of 2006)
History
S 27(1A) repealed by No 73 of 2006, s 3 and Sch 3 item 21, effective 1 July 2012. S 27(1A) formerly read:
27(1A)
If the claim was in relation to an energy grant, you must keep records that enable you to substantiate that you have not lost your entitlement to the grant because of the application of section
49
or
55
of the
Energy Grants (Credits) Scheme Act 2003
.
S 27(1A) inserted by No 54 of 2003, s 3 and Sch 1 item 22, effective 1 July 2003. For application and transitional provisions, see note under definition of ``electronic signature'' in s 5.
27(1B)
(Repealed by No 73 of 2006)
History
S 27(1B) repealed by No 73 of 2006, s 3 and Sch 3 item 21, effective 1 July 2012. S 27(1B) formerly read:
27(1B)
You are taken to have met the requirements set out in subsection (1A) if you keep records of a kind, and in a manner, specified in a written determination made by the Commissioner.
S 27(1B) inserted by No 54 of 2003, s 3 and Sch 1 item 22, effective 1 July 2003. For application and transitional provisions, see note under definition of ``electronic signature'' in s 5.
27(1C)
The records must be:
(a)
in English; or
(b)
readily accessible, and easily convertible into English.
History
S 27(1C) inserted by No 54 of 2003, s 3 and Sch 1 item 22, effective 1 July 2003. For application and transitional provisions, see note under definition of ``electronic signature'' in s 5.
27(1D)
You must retain the records for the period of 5 years after the claim was made.
History
S 27(1D) inserted by No 54 of 2003, s 3 and Sch 1 item 22, effective 1 July 2003. For application and transitional provisions, see note under definition of ``electronic signature'' in s 5.
27(2)
You must continue to retain, for the period of 5 years after the claim was made, the records that the pre-claim record-keeping requirements set out in section
26
required you to retain.
27(3)
If the Commissioner gives you a written notice telling you to produce records that subsection (2) required you to retain, you must comply with the notice.
27(4)
A notice under subsection (3) must give you 28 days or more to comply, starting on the day after the notice is given. The Commissioner may allow you more time to comply with the notice.
27(5)
Despite subsection (2), it is not necessary to continue to retain records:
(a)
if the Commissioner tells you that you do not need to retain them; or
(b)
for a company that has been finally dissolved.
27(6)
Despite section
8C
of the
Taxation Administration Act 1953
, you do not commit an offence merely by not complying with a notice under subsection (3).
Note: Sections
8L
,
8Q
and
8T
of the
Taxation Administration Act 1953
deal with keeping records incorrectly.