Treasury Laws Amendment (2022 Measures No. 2) Act 2022 (84 of 2022)

Schedule 1   Assisting businesses to meet their record-keeping obligations

Part 1   Main amendments

Taxation Administration Act 1953

10   Section 384-15 in Schedule 1

Repeal the section, substitute:

384-15 Content of, and matters relating to compliance with, education directions

(1) A *superannuation guarantee education direction, or a *tax-records education direction, given to you requires you to:

(a) ensure that any of the following individuals undertakes a specified approved course of education (see section 384-20):

(i) if you are an individual - you;

(ii) an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of your business; and

(b) provide the Commissioner with evidence that the individual has completed the course.

(2) The direction must specify the period within which you must comply with the direction (which must be a period that is reasonable in the circumstances).

Note: The period may be affected by the operation of subsection 384-35(7).

(3) You are taken to comply with the direction if, and only if:

(a) an individual referred to in paragraph (1)(a) undertakes the specified approved course of education during the specified period; and

(b) before the end of the specified period, you provide the Commissioner with evidence that the individual has completed the course.

Note 1: For a failure to comply with a superannuation guarantee education direction, see section 384-17.

Note 2: A failure to comply with a tax-records education direction will give rise to the administrative penalty set out in subsection 288-25(1).

384-17 Compliance with superannuation guarantee education directions

(1) If you are given a *superannuation guarantee education direction, you must comply with it within the period specified in the direction.

Note: Failure to comply with this subsection is an offence against section 8C.

(2) You are liable to an administrative penalty of 5 penalty units if you contravene subsection (1).

Note: Division 298 contains machinery provisions for administrative penalties.