Commonwealth Consolidated Acts Commonwealth Consolidated ActsObligations
(1) Subject to subsection (2), an obligation that is imposed under this Act on a trust is imposed on each of the following entities, but may be discharged by any such entity:
(a) each entity (whether an individual or a company that is a body corporate) that was a trustee of the trust at the time the obligation arose;
(b) if the trustee, or one or more of the trustees, mentioned in paragraph (a) is a company that is a body corporate--each individual who was a director of such a company at the time the obligation arose.
Liabilities
(2) An amount that is payable under this Act by a trust is payable by each of the following entities:
(a) each entity (whether an individual or a company that is a body corporate) that was a trustee of the trust at the time the amount became payable;
(b) if the trustee, or one or more of the trustees, mentioned in paragraph (a) is a company that is a body corporate--each individual who was a director of such a company at the time the amount became payable.
(3) An amount is payable by a director under paragraph (2)(b) only if the amount is payable by the trust because of a deliberate act or omission of the director involving dishonesty, gross negligence or recklessness .
(4) If an amount is payable under this section by more than one entity, those entities are jointly and severally liable to pay the amount.
(5) For the purpose of ensuring the payment of an amount payable under this section by an entity mentioned in paragraph (2)(a) or (b), the Commissioner of Taxation has the same remedies against the property of the trust as the Commissioner of Taxation would have against the property of the entity.