Document ID: chunk:federal_register_of_legislation:C2025C00139:section:3:p3
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 3 (pt 3/20)
Character Range: 206286–208780

notice to the entity of the entity's liability to pay the penalty and of the reasons why the entity is liable to pay the penalty. The Commissioner may do so in any other notice he or she gives to the entity. The Commissioner is not required to give reasons if he or she decides to remit all of the penalty.
Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

175‑55  Due date for penalty
  The penalty becomes due to the Commonwealth for payment on the day specified in the notice, which must be at least 14 days after the notice is given to the entity.

175‑60  Remission of penalty
 (1) The Commissioner may remit all or a part of the penalty.
 (2) If the Commissioner decides:
 (a) not to remit the penalty; or
 (b) to remit only part of the penalty;
the Commissioner must give written notice of the decision and the reasons for the decision to the entity.
Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.
 (3) If:
 (a) the Commissioner refuses to any extent to remit an amount of penalty; and
 (b) the amount of penalty payable after the refusal is more than 2 penalty units; and
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
 (c) the entity is dissatisfied with the decision;
the entity may object against the decision in the manner set out in Part 7‑2.

175‑65  General interest charge on unpaid penalty
  If any of the penalty remains unpaid after it is due, the entity is liable to pay the general interest charge (within the meaning of the Taxation Administration Act 1953) on the unpaid amount of the penalty for each day in the period that:
 (a) started at the beginning of the day by which the amount was due to be paid; and
 (b) finishes at the end of the last day, at the end of which, any of the following remains unpaid:
 (i) the amount;
 (ii) general interest charge on any of the amount.
Note: The general interest charge is worked out under Part IIA of the Taxation Administration Act 1953.

175‑70  Collection of penalty by Commissioner of Taxation
 (1) For the purposes of Part IIB of the Taxation Administration Act 1953 (Running balance accounts, application of payments and credits, and related matters):
 (a) treat the penalty in the same way as a primary tax debt; and
 (b) treat general interest charge (if any) under section 175‑65 in respect of the penalty in the same way as a primary tax debt.