South Australian Consolidated Acts

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GIFT DUTY ACT 1968 - SECT 43

43—Failure to furnish returns and information etc

        (1)         Any person who fails duly to furnish any return, document or information or to comply with any requirement of the Commissioner as and when required by this Act or by the Commissioner shall be guilty of an offence and liable to a penalty not exceeding five hundred dollars and the court before which the person is prosecuted for an offence under this subsection may, on application by or on behalf of the Commissioner, order the person to furnish the Commissioner with the return, document or information or to comply with any requirement of the Commissioner, notwithstanding that the time within which the return, document or information should have been furnished or the requirement should have been complied with has elapsed.

        (2)         Any person who fails to comply with an order of a court made under subsection (1) of this section shall be guilty of an offence and liable to a penalty not exceeding ten dollars for every day on which the failure occurs or continues after the order takes effect, and if the person fails to comply with an order that requires compliance therewith within or before a certain time, then, notwithstanding that such time has elapsed, the failure shall be deemed to continue so long as the return, document or information required to be furnished has not been furnished or the requirement required to be complied with has not been complied with.

        (3)         A prosecution for an offence under subsection (1) of this section may be commenced at any time.



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