Document ID: chunk:federal_register_of_legislation:C2010C00300:clause:7_135
Version: federal_register_of_legislation:C2010C00300
Segment Type: clause
Provision Reference: sch 7 cl 135
Character Range: 54304–55171

135  Section 16‑30 in Schedule 1
Repeal the section, substitute:

16‑30  Failure to withhold: administrative penalty for entity other than exempt Australian government agency

  An entity (except an *exempt Australian government agency) that:
 (a) fails to withhold an amount as required by Division 12; or
 (b) fails to pay an amount to the Commissioner as required by Division 13 or 14;
is liable to pay to the Commissioner a penalty equal to that amount.

Note 1: An entity may become liable under this section in respect of a payment it made or received that is taken to have been subject to withholding tax as a result of a Commissioner's determination under subsection 177F(2A) of the Income Tax Assessment Act 1936 (see also subsection 177F(2F) of that Act).

Note 2: Division 298 in this Schedule contains machinery provisions for administrative penalties.