Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 5 - Administration  

PART 5-1 - THE AUSTRALIAN TAXATION OFFICE  

Division 353 - Powers to obtain information and evidence  

Subdivision 353-B - Powers to obtain information and evidence from overseas  

SECTION 353-25   OFFSHORE INFORMATION NOTICES  

353-25(1)    
The Commissioner may, by notice in writing (an offshore information notice ) given to you, request you to do all or any of the following:

(a) to give the Commissioner any information that the Commissioner reasonably believes is:

(i) relevant to the *assessment of a *tax-related liability of yours; and

(ii) *offshore information;

(b) to produce to the Commissioner any documents that the Commissioner reasonably believes are:

(i) relevant to the assessment of a tax-related liability of yours; and

(ii) *offshore documents;

(c) to make copies of any documents the Commissioner could request you to produce under paragraph (b), and to produce those copies to the Commissioner.

353-25(2)    
An offshore information notice:

(a) must specify a period, of at least 90 days after it is given to you, within which you are to give the information or produce the documents or copies; and

(b) must set out the effect of section 353-30 ; and

(c) may set out how the request is to be complied with; and

(d) may be included in the same document as a notice under section 353-10 .

A notice is not invalid merely because it does not comply with paragraph (b).

353-25(3)    
The Commissioner may, by notice in writing, extend the period within which you are to give the information or produce the documents or copies, if, before the end of that period, you apply for the extension in the *approved form.

353-25(4)    
If the Commissioner does not notify you, in writing, before the end of the period of the Commissioner ' s decision on an application you make under subsection (3), then the period is extended until the day on which the Commissioner so notifies you.

353-25(5)    
An offshore information notice may be varied or revoked in accordance with subsection 33(3) of the Acts Interpretation Act 1901 , however a variation:

(a) must not have the effect of shortening the period within which you must give particular *offshore information or produce particular *offshore documents or copies; and

(b) must not have the effect that the period within which you must give particular offshore information, or produce particular offshore documents or copies, is less than 90 days.

353-25(6)    
Nothing in this section affects the operation of section 353-10 and nothing in that section affects the operation of this section.

353-25(7)    
Offshore information is any information that is one or more of the following:

(a) within the knowledge (whether exclusive or otherwise) of an entity outside Australia;

(b) recorded (whether exclusively or otherwise) in a document outside Australia;

(c) stored (whether exclusively or otherwise) by any means whatsoever outside Australia.

353-25(8)    
An offshore document is any document that is outside Australia (whether or not copies are in Australia or, if the documents are copies of other documents, whether or not those other documents are in Australia).