Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_6:p13
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 13/17)
Character Range: 1284011–1286744

a uniform administrative penalty regime for all *taxation laws to enable administrative penalties to apply to entities that fail to meet their obligations under those laws in relation to:
 (a) making false or misleading statements; and
 (b) taking a position that is not reasonably arguable; and
 (c) entering into *schemes; and
 (d) refusing to provide documents to the Commissioner.

284‑15  When a matter is reasonably arguable
 (1) A matter is reasonably arguable if it would be concluded in the circumstances, having regard to relevant authorities, that what is argued for is about as likely to be correct as incorrect, or is more likely to be correct than incorrect.
Note: For the effect of transfer pricing documentation on when a matter is reasonably arguable, see Subdivision 284‑E.
 (2) To the extent that a matter involves an assumption about the way in which the Commissioner will exercise a discretion, the matter is only reasonably arguable if, had the Commissioner exercised the discretion in the way assumed, a court would be about as likely as not to decide that the exercise of the discretion was in accordance with law.
 (3) Without limiting subsection (1), these authorities are relevant:
 (a) a *taxation law;
 (b) material for the purposes of subsection 15AB(1) of the Acts Interpretation Act 1901;
 (c) a decision of a court (whether or not an Australian court), the Administrative Appeals Tribunal, the *ART or a Board of Review;
 (d) a *public ruling.

284‑20  Which statements this Division applies to
  This Division applies to a statement made orally, in a document or in any other way (including electronically) for a purpose connected with a *taxation law.

284‑25  Statements by agents
  This Division applies to a statement made by your agent as if it had been made by you.

284‑27  GloBE Information Returns, Australian IIR/UTPR tax returns and Australian DMT tax returns lodged on your behalf
 (1) Subsection (2) applies if, under section 127‑10, 127‑20, 127‑40 or 127‑50, you are taken to give a *GloBE Information Return, *Australian IIR/UTPR tax return or *Australian DMT tax return (the return) to the Commissioner because an entity gives the return to the Commissioner or a *foreign government agency.
 (2) This Division applies in relation to a statement in the return, as if the return, or a statement made by you in relation to the return, were given to the Commissioner:
 (a) by the entity, acting as your *agent; and
 (b) for a purpose connected with a *taxation law.

284‑30  Application of Division to trusts
  If you are a trustee of a trust and:
 (a) you make a statement to the Commissioner or to an officer who is exercising powers or performing functions under a *taxation law about