(1) A * representative of an * incapacitated entity must notify the Commissioner, in the * approved form, of an amount of GST for which the entity is liable, or an * increasing adjustment that the entity has, if:
(a) the representative becomes aware, or could reasonably be expected to have become aware, of the amount of GST, or the adjustment; and
(b) the amount of GST, or the adjustment, has not been taken into account in any * GST return that has been given to the Commissioner; and
(c) the Commissioner has not been previously notified of the amount of GST, or the adjustment, under this section.
Note: Section 286- 75 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for breach of this subsection.
(2) The notification must be given to the Commissioner before the day on which the * representative declares a dividend to unsecured creditors of the * incapacitated entity.
(3) This section does not apply if the * representative is a representative of a kind that does not have the capacity to declare dividends to unsecured creditors of the * incapacitated entity.
(4) This section does not apply in circumstances determined by the Commissioner under subsection (5).
(5) The Commissioner may, by legislative instrument, determine circumstances in which this section does not apply.