Victorian Current Acts Victorian Current ActsS. 205LC(1) amended by No. 43/2019 s. 23(1)(a)(b).
(1) If the Authority has reassessed a building levy under section 205L and the reassessment is based on a ground under section 205L(1)(a) or (c) or (1A)(a) or (c), the Authority may impose an amount of penalty levy of up to twice the difference between the reassessed amount of levy and the amount of levy calculated under section 205I if—
S. 205LC(1)(a) amended by No. 43/2019 s. 23(1)(c).
(a) in the case of the ground under section 205L(1)(a) or (1A)(a), the person liable to pay the additional amount of levy under section 205LB failed to notify the Authority within the specified period under section 205KA about a variation to the building work that resulted in an increase in the cost of the building work by at least the prescribed amount; or
S. 205LC(1)(b) amended by No. 43/2019 s. 23(1)(d).
(b) in the case of the ground under section 205L(1)(c) or (1A)(c), the Authority considers that the applicant for the building permit gave false or misleading information to the relevant building surveyor or the Authority about the cost of the building work.
S. 205LC(2) amended by Nos 43/2019 s. 23(2), 40/2021 s. 53(4).
(2) Despite subsection (1), the Authority may decide not to impose a penalty levy based on the ground under section 205L(1)(a) or (1A)(a) if the Authority is satisfied that the person liable to pay the additional amount of levy under section 205LB held an honest and reasonable belief that a variation to the building work did not increase the cost of the building work by at least the prescribed amount.
(3) In this section—
"prescribed amount" has the same meaning as in section 205KA.
S. 205LD inserted by No. 21/2017 s. 70.