Australian Capital Territory Numbered Acts

TAXATION ADMINISTRATION ACT 1999 (NO. 4 OF 1999) - SECT 72

(1)     Where—

        (a)     a person (in this subsection called the “convicted person”) is convicted of—

              (i)     an offence against section 59 or 60 in relation to keeping any accounts, accounting records or other records (in this subsection called the “relevant accounts”) or the making of a record; or

              (ii)     an offence against section 66 in relation to giving information to a tax officer; and

        (b)     the court is satisfied that the proper amount of tax that the convicted person or another person is liable to pay exceeds the amount that would have been payable if the amount had been assessed on the basis that the statement was not false or misleading, on the basis of the relevant accounts as they were kept, or on the basis that the record was correct, as the case requires;

the court may, in addition to imposing a penalty on the convicted person, order the convicted person to pay to the Commissioner an amount not exceeding double the amount of the excess.

(2)     Where—

        (a)     a person (in this subsection called the “convicted person”) is convicted of an offence against section 61 or 68 in relation to an act or omission; and

        (b)     the court is satisfied that the act or omission was intended to facilitate the avoidance of a tax liability of the convicted person or another person;

the court may, in addition to imposing a penalty on the convicted person, order the convicted person to pay to the Commissioner an amount not exceeding double that amount.