Taxation Administration Act 1953

PART III - PROSECUTIONS AND OFFENCES  

Note:

Subsection 2(2) specifies laws that are not taxation laws for the purposes of this Part.

Division 2 - Offences  

Subdivision B - Offences relating to statements, records and certain other Acts  

SECTION 8Q   RECKLESSLY INCORRECTLY KEEPING RECORDS ETC.  

8Q(1)    


A person commits an offence if:


(a) the person is required under, or pursuant to, a taxation law to keep any accounts, accounting records or other records; and


(b) the person keeps the accounts or records; and


(ba) the accounts or records do not correctly record and explain the matters, transactions, acts or operations to which they relate; and


(c) the person is reckless as to whether the accounts or records correctly record and explain the matters, transactions, acts or operations to which they relate.


8Q(2)    


A person commits an offence if:


(a) the person is required under, or pursuant to, a taxation law to make a record of any matter, transaction, act or operation; and


(b) the person makes the record; and


(ba) the record does not correctly record the matter, transaction, act or operation; and


(c) the person is reckless as to whether the record correctly records the matter, transaction, act or operation.


8Q(3)    
In subsections (1) and (2), strict liability applies to the circumstance, that the person is required under, or pursuant to, a taxation law to keep the accounts, accounting records or other records.

Note:

For strict liability , see section 6.1 of the Criminal Code .



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.