Taxation Administration Act 1953
Note: See section 3AA .
Chapter 4 - Generic assessment, collection and recovery rulesPenalty for director on or before due day
269-20(1)
You are liable to pay to the Commissioner a penalty if:
(a) at the end of the due day, the directors of the company are still under an obligation under section 269-15 ; and
(b) you were under that obligation at or before that time (because you were a director).
Note:
Paragraph (1)(b) applies even if you stopped being a director before the end of the due day: see subsection 269-15(2) .
269-20(2)
The penalty is due and payable at the end of the due day.
Note:
The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section 269-25 .
Penalty for new director
269-20(3)
You are also liable to pay to the Commissioner a penalty if:
(a) after the due day, you became a director of the company and began to be under an obligation under section 269-15 ; and
(b) 30 days later, you are still under that obligation.
269-20(4)
The penalty is due and payable at the end of that 30th day.
Note:
The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section 269-25 .
Amount of penalty
269-20(5)
The amount of a penalty under this section is equal to the unpaid amount of the company ' s liability under its obligation.
Note 1:
See section 269-40 for the effect on your penalty of the company discharging its obligation, or of another director paying his or her penalty.
Note 2:
See section 269-45 for your rights of indemnity and contribution.
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