Commonwealth Numbered Acts

Bank Account Debits Tax Administration Act 1982 No. 142 of 1982 - SECT 17

17. (1) Where an assessment is made under section 16 of the amount of tax
payable by a person, that person is liable to pay additional tax by way of
penalty of an amount equal to double the amount of the first-mentioned tax and
that additional tax is payable not later than 14 days after the day on which a
notice of that assessment was served on the person.

(2) Where-

   (a)  a bank is liable to pay additional tax under this section by reason of
        an act or omission referred to in sub-section 16 (1); and

   (b)  a prosecution is instituted against the bank in respect of an offence
        against section 12 or sub-section 38 (2) in relation to that act or
        omission, the additional tax is not payable unless and until the
        prosecution is withdrawn.

(3) Where-

   (a)  an account holder is liable, or 2 or more account holders are jointly
        and severally liable, to pay additional tax under this section in
        respect of an assessment of tax made in pursuance of sub-section 16
        (2) by reason that an eligible debit was made to an exempt account
        kept in the name of the account holder or account holders;

   (b)  the account holder did not notify, or none of the account holders
        notified, the Commissioner in accordance with sub-section 11 (4) of
        that eligible debit; and

   (c)  a prosecution is instituted against the account holder or account
        holders in respect of an offence against sub-section 11 (4) or 38 (1)
        or an offence constituted by an act referred to in paragraph 38 (2)
        (c) in relation to the failure to notify the Commissioner in respect
        of that eligible debit, the additional tax referred to in paragraph
        (a) is not payable unless and until the prosecution is withdrawn.

(4) The Commissioner shall include particulars of additional tax payable under
this section in relation to an assessment in a notice of the assessment given
under sub-section 16 (3).

(5) The Commissioner may, in a particular case, for such reasons as in his
discretion he thinks sufficient, remit the whole or a part of the additional
tax payable under this section.