DUTIES ACT 2001 - SECT 480A Offences about self assessments—endorsements of ELN transaction documents

DUTIES ACT 2001 - SECT 480A

480A Offences about self assessments—endorsements of ELN transaction documents

(1) A self assessor registered under chapter 12 , part 2 or 3 must not endorse an ELN transaction document for an ELN transfer or ELN lodgement under section 455A on the basis that section 22 (2) applies to the ELN transfer or ELN lodgement unless the duty amount for the agreement for the transfer of dutiable property has been—

(a) if the self assessor is registered under chapter 12 , part 2 —paid to the commissioner; or

(b) if the self assessor is registered under chapter 12 , part 3 —paid to the commissioner or received by the self assessor.

Penalty—

Maximum penalty—200 penalty units.

Note—

This provision is an executive liability provision under the Administration Act , section 140 .

(2) A self assessor registered under chapter 12 , part 2 or 3 must not endorse an ELN transaction document for an ELN transfer under section 455A on the basis that section 22 (2A) applies to the ELN transfer unless a payment commitment has been made for the relevant transfer agreement.

Penalty—

Maximum penalty—200 penalty units.

Note—

This provision is an executive liability provision under the Administration Act , section 140 .

(3) However, a self assessor does not commit an offence against this section only because—

(a) the self assessor endorses an ELN transaction document for an ELN transfer or ELN lodgement; and

(b) either—

(i) for an ELN transfer—the ELN transfer becomes an incomplete ELN transfer within the meaning of chapter 2 , part 15 ; or

(ii) for an ELN lodgement—the ELN lodgement becomes an incomplete ELN lodgement within the meaning of chapter 2 , part 15 .

(4) In this section—


"duty amount" , for an agreement for the transfer of dutiable property, means the amount of duty and any assessed interest and penalty tax imposed on the agreement.