Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (114 of 2009)

Schedule 2   Transitional provisions

Part 6   Legal proceedings

20   Legal proceedings by taxpayers to recover fines etc.

(1) If:

(a) a taxpayer is or becomes liable to pay a fine or other penalty, additional tax, shortfall interest charge or the general interest charge under a provision of:

(i) the Income Tax Assessment Act 1936; or

(ii) the Income Tax Assessment Act 1997; or

(iii) Part IVC of the Taxation Administration Act 1953, so far as that Part relates to the Income Tax Assessment Act 1936, the Income Tax Assessment Act 1997 or Schedule 1 to the Taxation Administration Act 1953; or

(iv) Schedule 1 to the Taxation Administration Act 1953; and

(b) a registered tax agent (within the meaning of the old law) or a person exempted under section 251L of the old law would have been liable to pay to the taxpayer the amount of that fine or other penalty, additional tax, shortfall interest charge or general interest charge under section 251M of the old law, but for its repeal by Schedule 1 to this Act;

then, the taxpayer may, in accordance with section 251M of the old law, sue for and recover that amount as if that section had not been repealed by Schedule 1 to this Act.

(2) If:

(a) an employer (within the meaning of the Fringe Benefits Tax Assessment Act 1986) is or becomes liable to pay a fine or other penalty or any additional tax; and

(b) a registered tax agent (within the meaning of the old law) would have been liable to pay to the employer the amount of that fine, penalty or additional tax under section 120 of the Fringe Benefits Tax Assessment Act 1986, but for its repeal by Schedule 1 to this Act;

then, the employer may, in accordance with section 120 of the Fringe Benefits Tax Assessment Act 1986, sue for and recover that amount as if that section had not been repealed by Schedule 1 to this Act.