DUTIES ACT 2001 - SECT 488 Commissioner may require payment of penalty

DUTIES ACT 2001 - SECT 488

488 Commissioner may require payment of penalty

(1) This section applies if—

(a) a self assessor does not lodge a return or pay an amount in contravention of section 455 (1) (a) or (b) ; or

(b) a self assessor does not lodge a transaction statement in contravention of section 455A (1) (a) ; or

(ba) a self assessor who is a tax agent to which the Administration Act, section 35 applies contravenes paragraph (b) of that section; or

(bb) a self assessor contravenes section 455 (1) (c) or 455A (1) (b) in relation to the stamping of an instrument or ELN transaction document; or

(bc) a self assessor contravenes section 480 in relation to the endorsement of an instrument; or

(bd) a self assessor contravenes section 480A in relation to the endorsement of an ELN transaction document; or

(be) a person contravenes section 481 in relation to making a notation or endorsement on an instrument or ELN transaction document without authority; or

(c) a person contravenes section 481A in relation to the endorsement of an instrument or ELN transaction document; or

(d) a self assessor gives the commissioner a return or transaction statement containing false or misleading information in contravention of the Administration Act , section 122 or 123 ; or

(e) a person, in making an application to register or transfer a vehicle, other than a special vehicle, gives false or misleading information about the dutiable value of the vehicle in contravention of the Transport Operations (Road Use Management) Act 1995 , section 53 .

Note—

The self assessor does not commit an offence against the Administration Act , section 122 or 123 , if the self assessor merely gives the commissioner a return containing information provided by a taxpayer that the self assessor does not know, or could not reasonably know, is false or misleading.

(2) The commissioner may, by notice given to the person, require the person to pay a penalty (the
"penalty amount" ) of the greater of the following—

(a) not more than 75% of the amount of duty payable in relation to the return, transaction statement, instrument or application;

(b) $100.

(3) The notice must state the following—

(a) the date for payment of the penalty amount being a day that is at least 30 days after the person receives the notice;

(b) the reasons for the decision to require payment of the penalty amount;

(c) the person may apply for a review of the decision within 28 days;

(d) how to apply for the review.

Note—

The penalty amount is a debt payable to the commissioner and may be recovered in a court of competent jurisdiction, see the Administration Act , section 45 .

(4) The commissioner must give the person an information notice for the requirement to pay the penalty amount.

(5) The commissioner may enter into an arrangement for payment of the penalty amount by instalments.

(6) The arrangement may include provision for the payment of interest calculated at the rate for unpaid tax interest for the period starting on the start date and ending on the date the penalty amount is paid in full, both dates inclusive.

(7) For subsection (6) , the start date is the day after the failure or contravention mentioned in subsection (1) .

(8) In this section—


"self assessor" means a self assessor registered under chapter 12 , part 2 or 3 .