Taxation Administration Act 1953

Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).

Ch 2 title inserted by No 73 of 2006 , s 3 and Sch 5 item 40, effective 1 July 2006.

S 16-43 substituted by No 58 of 2006 , s 3 and Sch 7 item 136, applicable to administrative penalties imposed after 22 June 2006. S 16-43 formerly read:

SECTION 16-43 FAILURE TO WITHHOLD: ADMINISTRATIVE PENALTY FOR EXEMPT AUSTRALIAN GOVERNMENT AGENCY IN RELATION TO PAYMENT TO FOREIGN RESIDENT, ETC  
16-43(1)
An *exempt Australian government agency that:

(a) fails to withhold an amount as required by Division 12 from a *withholding payment covered by Subdivision 12-FB (about payments to foreign residents); or

(b) fails to pay to the Commissioner an amount as required by Division 14 in respect of a withholding payment covered by that Subdivision;

is liable to pay to the Commissioner a penalty (the penalty amount ) equal to that amount.

16-43(2)
The penalty amount is due at the time when the *exempt Australian government agency would have had to pay to the Commissioner the *amount required to be withheld.

Note:

Division 298 in this Schedule contains machinery provisions for administrative and civil penalties.

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History

S 16-43(2) amended by No 32 of 2006 , s 3 and Sch 3 item 7, by inserting " and civil " in the note, applicable in relation to conduct engaged in on or after 6 April 2006.

S 16-43(2) amended by No 101 of 2004.

S 16-43 inserted by No 66 of 2003.