Commonwealth Numbered Acts

Bank Account Debits Tax Administration Act 1982 No. 142 of 1982 - SECT 18

18. (1) Subject to this section, the Commissioner may, at any time within a
period of 3 years after an assessment is made by him, amend the assessment by
making such alterations or additions to it as he thinks necessary to correct
an error in calculation or a mistake of fact or to prevent avoidance of tax.

(2) Sub-section (1) does not prevent the amendment of an assessment after the
expiration of the period referred to in that sub-section-

   (a)  pending any appeal or review under Part V;

   (b)  in order to give effect to the decision upon any appeal or review
        under that Part;

   (c)  by way of reduction in pursuance of an objection made under that Part;
        or

   (d)  where the person in respect of whom the assessment is made has not
        made to the Commissioner a full and true disclosure of all the
        material facts necessary for the assessment to be made and there has
        been an avoidance of tax.

(3) Where by reason of an amendment under this section of an assessment made
in pursuance of sub-section 16 (1) a bank has overpaid tax and-

   (a)  the amount of tax overpaid has not been recovered by the bank from an
        account holder in accordance with section 10; or

   (b)  if the amount of tax overpaid has been recovered from an
        account holder in accordance with that section and the Commissioner is
        satisfied that that amount has been or will be refunded to that
        account holder by the bank, the amount of tax overpaid shall be
        refunded to the bank.

(4) Where, by reason of an amendment under this section of an assessment made
in pursuance of sub-section 16 (2), an account holder has overpaid tax, the
amount of tax overpaid shall be refunded to the account holder.

(5) As soon as practicable after the amendment under this section of an
assessment, the Commissioner shall cause notice in writing of the amended
assessment and of the amount of tax payable in accordance with the amended
assessment to be served, by post or otherwise, on the person liable to pay the
tax.

(6) An amended assessment is an assessment for all the purposes of this Act.

(7) Where an assessment made under section 15 or 16 is amended under this
section by reason of an act or omission referred to in sub-section 16 (1), the
amended assessment shall, for the purposes of sub-section 17 (1), be deemed to
be an assessment made under section 16.