Victorian Current Acts

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TAXATION ADMINISTRATION ACT 1997 - SECT 106

Right of review or appeal

    (1)     If—

        (a)     a taxpayer is dissatisfied with the Commissioner's determination of the taxpayer's objection; or

        (b)     90 days (not including any period of suspension under section 102) have passed since a taxpayer's objection was received by the Commissioner and the Commissioner has not determined the objection—

the taxpayer, in writing, may request the Commissioner to refer the matter to the Tribunal or to treat the objection as an appeal and cause it to be set down for hearing at the next sittings of the Supreme Court.

    (2)     The taxpayer's request—

        (a)     in the circumstances referred to in subsection (1)(a), must be made within 60 days after the date of service on the taxpayer of the notice of the Commissioner's determination of the objection; or

        (b)     in the circumstances referred to in subsection (1)(b), may be made at any time after the 90 day period (not including any period of suspension under section 102).

    (3)     Subject to section 107, within 60 days after the request, the Commissioner must refer the matter for review or cause the objection to be set down for hearing accordingly.



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