Treasury Laws Amendment (Black Economy Taskforce Measures No. 1) Act 2018 (121 of 2018)
Schedule 1 Electronic sales suppression tools
Part 1 Amendments
Taxation Administration Act 1953
3 At the end of Division 288 in Schedule 1
Add:
288-125 Producing or supplying electronic sales suppression tools
(1) You are liable to an administrative penalty of 60 penalty units if you:
(a) manufacture, develop or publish an *electronic sales suppression tool; or
(b) *supply or make available for use:
(i) an electronic sales suppression tool; or
(ii) a *right to use an electronic sales suppression tool; or
(c) provide a service to an entity that involves the use of an electronic sales suppression tool.
(2) You are liable to an administrative penalty of 60 penalty units if you aid, abet, counsel or procure conduct for which subsection (1) makes an entity liable to an administrative penalty.
Note: Division 298 contains machinery provisions for administrative penalties.
(3) You are not liable to an administrative penalty under this section for conduct undertaken for the purpose of preventing or deterring tax evasion or enforcing a *taxation law.
288-130 Possessing electronic sales suppression tools
(1) You are liable to an administrative penalty of 30 penalty units if:
(a) you are required under, or pursuant to, a *taxation law (other than an *Excise Act) to keep or make a record; and
(b) you acquire, or have possession or control of:
(i) an *electronic sales suppression tool; or
(ii) a *right to use an electronic sales suppression tool.
(2) You are liable to an administrative penalty of 30 penalty units if you aid, abet, counsel or procure conduct for which subsection (1) makes an entity liable to an administrative penalty.
Note: Division 298 contains machinery provisions for administrative penalties.
(3) You are not liable to an administrative penalty under this section for conduct undertaken for the purpose of preventing or deterring tax evasion or enforcing a *taxation law.
288-135 Incorrectly keeping records using electronic sales suppression tools
(1) You are liable to an administrative penalty of 60 units if:
(a) you are required under, or pursuant to, a *taxation law (other than an *Excise Act) to keep or make a record; and
(b) the record is kept, made or altered with the use of an *electronic sales suppression tool, or is prevented by the use of an electronic sales suppression tool from being kept, made or altered; and
(c) as a result of the use:
(i) the record does not correctly record and explain the matter, transaction, act or operation to which it relates; or
(ii) you do not keep or make the record in accordance with the taxation law.
(2) You are liable to an administrative penalty of 60 penalty units if you aid, abet, counsel or procure conduct for which subsection (1) makes an entity liable to an administrative penalty.
Note: Division 298 contains machinery provisions for administrative penalties.