A New Tax System (Indirect Tax Administration) Act 1999 (59 of 1999)

Schedule 1   Taxation Administration Act 1953

49   After section 46

Insert:

46A Indirect tax amending Acts cannot impose penalties etc. earlier than 28 days after Royal Assent

(1) An indirect tax amending Act does not have the effect of making a person liable to an indirect tax penalty for any act or omission that happens before the postponed day.

(2) If an indirect tax amending Act would (apart from this section) have the effect of making a person liable to an indirect tax penalty because the person contravened a requirement to do something:

(a) within a specified period ending before the postponed day; or

(b) before a specified time happening before the postponed day;

the requirement has effect instead by reference to a period ending at the start of the postponed day, or by reference to the start of the postponed day, as the case requires.

(3) This section does not relieve a person from liability to an indirect tax penalty to the extent to which the liability would have existed if the indirect tax amending Act had not been enacted.

(4) In this section:

postponed day means the 28th day after the day on which the indirect tax amending Act receives the Royal Assent.

indirect tax amending Act means an Act that amends an indirect tax law.

indirect tax penalty means:

(a) an offence against an indirect tax law; or

(b) a penalty under Division 4 of this Part.


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