Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 142

142. Section 221YN of the Principal Act is amended-
(a) by omitting from sub-section (4) "under this section" and substituting
"under sub-section (1) (in this sub-section referred to as the 'principal
amount')";

   (b)  by omitting from paragraph (4) (a) "that amount" and substituting "the
        principal amount";
(c) by inserting in paragraph (4) (b) ", by way of penalty," after
"Commissioner";

   (d)  by omitting from paragraph (4) (b) "the amount unpaid" and
        substituting "so much of the principal amount as remains unpaid";

   (e)  by omitting from sub-section (5) "payable to the Commissioner" (first
        occurring) and substituting "(in this sub-section referred to as the
        'principal amount') payable to the Commissioner under sub-section
        (1)";

   (f)  by omitting from sub-paragraphs (5) (a) (i) and (b) (i) "the amount
        payable to the Commissioner" and substituting "the principal amount";
        and

   (g)  by adding at the end thereof the following sub-sections:

"(6) Where judgment is given by, or entered in, a court for the payment of-

   (a)  the whole or a part of a principal amount; or

   (b)  an amount that includes the whole or a part of a principal amount,
then-

   (c)  the principal amount shall not be taken, for the purposes of paragraph
        (4) (b), to have ceased to be due and payable by reason only of the
        giving or entering of the judgment; and

   (d)  if the judgment debt carries interest, the amount that would, but for
        this paragraph, be payable by virtue of paragraph (4) (b) in relation
        to the principal amount or the part of the principal amount, as the
        case may be, shall, by force of this paragraph, be reduced by-

        (i)    in a case to which paragraph (a) applies-the amount of the
               interest; or

        (ii)   in a case to which paragraph (b) applies-an amount that bears
               the same proportion to the amount of the interest as the
               principal amount or the part of the principal amount, as the
               case may be, bears to the amount of the judgment debt.

"(7) In sub-section (6), 'principal amount' means an amount payable to the
Commissioner under sub-section (1).

"(8) Where-

   (a)  but for this sub-section, an amount is payable, by way of penalty, by
        a person to the Commissioner under sub-section (4) by reason of an act
        or omission of the person; and

   (b)  a prosecution is instituted against the person for an offence against
        sub-section (2) constituted by the act or omission,
the amount is not payable unless and until the prosecution is withdrawn.

"(9) Where-

   (a)  a person is liable to pay, by way of penalty, an amount (in this
        sub-section referred to as the 'penalty amount') to the Commissioner
        under sub-section (4) by reason of an act or omission of the person;

   (b)  an amount (in this sub-section referred to as the 'relevant amount')
        is paid, or applied by the Commissioner, in total or partial discharge
        of the liability; and

   (c)  a prosecution is instituted against the person for an offence against
        sub-section (2) constituted by the act or omission,
the relevant amount shall be refunded to the person or applied by the
Commissioner in total or partial discharge of a tax liability of the person,
but, if the prosecution is withdrawn, the person shall again become liable to
pay the penalty amount.

"(10) In this section, 'tax liability' means a tax liability as defined in
section 2 of the Taxation Administration Act 1953.".