Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 14

14. Section 78 of the Principal Act is amended by omitting sub-sections (2)
and (3) and substituting the following sub-sections:

"(2) If an assessment is varied on a reference or appeal, an amount of duty or
tax not paid or underpaid is recoverable from the person liable under the
assessment as varied to pay the duty or tax.

"(3) If a prescribed decision is set aside on a reference or appeal, the
Commissioner shall cause notice in writing of that fact to be given to the
person who requested review of the prescribed decision.

"(4) If, by reason of-

   (a)  the variation of an assessment on a reference or appeal; or

   (b)  the setting aside of a prescribed decision on a reference or appeal, a
        person's liability to duty or tax is reduced, the amount by which the
        duty or tax is so reduced shall be taken, for the purposes of section
        81, never to have been payable.

"(5) Unless the contrary intention appears, a reference in this section to
duty or tax includes a reference to an additional amount payable under section
70 or 81.".