Commonwealth Numbered Acts

FRINGE BENEFITS TAX ASSESSMENT ACT 1986 No. 39 of 1986 - SECT 123

123. (1) For the purposes of Part III, where an employer fails to retain, for
the retention period, a statutory evidentiary document given to the employer,
the statutory evidentiary document shall be deemed never to have been given to
the employer.

(2) For the purposes of paragraph 10 (3) (b), where an employer fails to
retain, for the retention period, statutory evidentiary documents, being
relevant car documents maintained by or on behalf of the employer, those
documents shall be deemed never to have been maintained.

(3) For the purposes of sub-paragraph 24 (1) (c) (i), where an employer fails
to retain, for the retention period, statutory evidentiary documents, being
substitute documentary evidence maintained by or on behalf of the employer,
those documents shall be deemed never to have been maintained.

(4) Where-

   (a)  a statutory evidentiary document (in this sub-section referred to as
the "original document") in relation to an employer is lost or destroyed; and

   (b)  the Commissioner is satisfied that-

        (i)    the employer took all reasonable precautions to prevent loss or
               destruction of the original document;

        (ii)   the original document was lost or destroyed because of
               circumstances beyond the control of the employer; and

        (iii)  the employer has a document (in this sub-section referred to as
               the

"substitute document") that-

                (A)  is a copy of the original document; or

                (B)  properly records all of the matters set out in the
                     original document and was in existence when the
                     original document was lost or destroyed, the
                     substitute document shall be deemed, for the purposes of
                     this section, to be, and to have been at all times after
                     the original document was lost or destroyed, the
                     original document.

(5) Where-

   (a)  a statutory evidentiary document in relation to an employer is lost or
        destroyed; and

   (b)  the Commissioner is satisfied that-

        (i)    the employer took all reasonable precautions to prevent loss or
               destruction of the document;

        (ii)   the document was lost or destroyed because of circumstances
               beyond the control of the employer;

        (iii)  sub-section (4) does not apply in relation to the document; and

        (iv)   it is not reasonably practicable for the employer to obtain a
               substitute document, sub-section (1), (2) or (3), as the case
               requires, does not apply, and shall be deemed not to have
               applied, at any time after the document was lost or destroyed.

(6) Where-

   (a)  a provision of this Act makes provision for a person to give a
        statutory evidentiary document (in this sub-section referred to as the

"original document") to an employer;

   (b)  the original document is lost or destroyed before it is given to the
        employer; and

   (c)  the Commissioner is satisfied that-

        (i)    the person took all reasonable precautions to prevent loss or
               destruction of the document;

        (ii)   the document was lost or destroyed because of circumstances
               beyond the control of the person;

        (iii)  the person does not have a document that-

                (A)  is a copy of the original document; or

                (B)  properly records all of the matters set out in the
                     original document and was in existence when the
                     original document was lost or destroyed; and

        (iv)   it is not reasonably practicable for the employer to obtain a
               substitute document, that provision of this Act has effect as
               if the original document had been given by the person to the
               employer and had been retained by the employer for the
               retention period.

(7) Nothing in section 74 prevents the amendment of an assessment for the
purpose of giving effect to this section.