Document ID: chunk:federal_register_of_legislation:C2022C00279:section:15a:p1
Version: federal_register_of_legislation:C2022C00279
Segment Type: section
Provision Reference: s 15A (pt 1/3)
Character Range: 34564–37279

15A  Periods within which assessments may be amended

General provision
 (1) The Commissioner may, subject to this section, at any time amend an assessment of surcharge on a member's surchargeable contributions by making such alterations or additions as the Commissioner thinks necessary, even though surcharge has been paid in respect of the assessment. Such an amendment may be made on the Commissioner's own initiative or at the request of the member.

Period for making further amendment
 (2) If:
 (a) an assessment has been amended in any particular in a way that effected a reduction in the amount of surcharge payable; and
 (b) for the purposes of making the amendment, the Commissioner accepted a statement made by or on behalf of a member;
the Commissioner may, within 4 years from the date of service of the notice of the amended assessment, further amend the assessment in, or in respect of, that particular in a way that increases the amount of the surcharge payable to the extent that the Commissioner considers necessary.

Period where avoidance of surcharge
 (3) Subject to this section, if there has been an avoidance of surcharge, the Commissioner may:
 (a) if the Commissioner is of the opinion that the avoidance of surcharge is due to fraud or evasion—at any time; or
 (b) in any other case—within 4 years from the date upon which the surcharge became due and payable under the assessment;
amend the assessment by making such alterations or additions as the Commissioner thinks necessary to correct the assessment.

Period where amendment reduces surcharge
 (4) An amendment effecting a reduction in the amount of surcharge payable under an assessment is not to be made after the end of 4 years from the date upon which the surcharge became due and payable under the assessment.

Application or request for extension of period
 (5) If:
 (a) the Commissioner has begun an examination of the affairs of a member; and
 (b) the examination was not completed within the period within which the Commissioner may amend an assessment to which the examination relates under subsection (3) or, if that period has been extended by any previous order or orders of the Federal Court of Australia made under subsection (6), or by any previous consent or consents of the member given under subsection (7), within that period as so extended;
the Commissioner may, before the end of the period referred to in paragraph (b) of this subsection, apply to the Federal Court for an order extending, or request the member to consent to the extension of, the period within which the Commissioner may amend the assessment under paragraph (3)(b).

Court may extend period
 (6) If, on application made to the Federal Court