Commonwealth Numbered Acts

INCOME TAX ASSESSMENT AMENDMENT ACT 1990 No. 45 of 1990 - SECT 5

5. Section 221F of the Principal Act is amended:

   (a)  by omitting paragraph (5) (a) and substituting the following
        paragraph:

"(a) in respect of deductions made by the employer:

        (i)    if the deductions were made during the first 14 days of a
month and the employer is an early remitter in relation to that
month - pay to the Commissioner the amount of the deductions
not later than the 21st day of that month; and

        (ii)   in any other case - pay to the Commissioner the amount
of the deductions not later than the seventh day of the month next
succeeding the month in which the deductions were made;";

   (b)  by inserting after subsection (12) the following subsections:

"(12A) If:

   (a)  because of paragraph 221EC (1) (a) or (b), a group employer
is an early remitter in relation to September in any year; and

   (b)  the employer is not an early remitter in relation to August in
that year; and

   (c)  the employer has not given to the Commissioner, on or
before 14 August in that year, a notice in accordance with
regulations made for the purposes of this subsection; the employer is guilty
of an offence, punishable on conviction by a fine not exceeding $50, in
respect of each day (including the day of a conviction of an offence against
this subsection or any subsequent day) in the period commencing on 15 August
in that year and ending on the day before the day on which the employer gives
notice to the Commissioner in accordance with paragraph (c) of this
subsection.

"(12B) In proceedings under, or arising out of, subsection (12A) in respect of
a particular day, it is a defence if the defendant proves that it did not
know, and could not reasonably be expected to have known, at least 7 days
before that day, that the employer concerned was an early remitter in relation
to the September to which the offence relates.".