Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1936 - SECT 222ANA

Object and outline

             (1)  The purpose of this Division is to ensure that a company either meets its obligations under Division 8 of this Act, or under Subdivision 16‑B in Schedule 1 to the Taxation Administration Act 1953 , or goes promptly into voluntary administration under Part 5.3A of the Corporations Act 2001 or into liquidation.

             (2)  The Division imposes a duty on the directors to cause the company to do so. The duty is enforced by penalties. However, a penalty can be recovered only if the Commissioner gives written notice to the person concerned. The penalty is automatically remitted if the company meets its obligations, or goes into voluntary administration or liquidation, within 14 days after the notice is given.

             (3)  A penalty recovered under this Division is applied towards meeting the company's obligations under the relevant Division. Conversely, amounts paid by the company reduce the amount of a penalty.

             (4)  Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953 provides for the recovery of amounts payable under this Division.



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