Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_143:p7
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 143 (pt 7/24)
Character Range: 1165666–1168477

fact; and
 (b) any amount that the third party is required to pay under the notice is reduced by the amount so paid.

260‑10  Notice to Commonwealth, State or Territory
  If the third party is the Commonwealth, a State or a Territory, the Commissioner may give the notice to a person who:
 (a) is employed by the Commonwealth, or by the State or Territory (as appropriate); and
 (b) has the duty of disbursing public money under a law of the Commonwealth, or of the State or Territory (as appropriate).

260‑15  Indemnity
  An amount that the third party pays to the Commissioner under this Subdivision is taken to have been authorised by:
 (a) the debtor; and
 (b) any other person who is entitled to all or a part of the amount;
and the third party is indemnified for the payment.

260‑20  Offence
 (1) The third party must not fail to comply with the Commissioner's notice.
Penalty: 20 penalty units
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
 (2) The court may, in addition to imposing a penalty on a person convicted of an offence against subsection (1) in relation to failing to pay an amount under the notice, order the person to pay to the Commissioner an amount not exceeding that amount.

Subdivision 260‑B—From liquidator

Table of sections
260‑40 Subdivision does not apply to superannuation guarantee charge
260‑45 Liquidator's obligation
260‑50 Offence
260‑55 Joint liability of 2 or more liquidators
260‑60 Liquidator's other obligation or liability

260‑40  Subdivision does not apply to superannuation guarantee charge
  This Subdivision does not apply to a *tax‑related liability that is superannuation guarantee charge imposed by the Superannuation Guarantee Charge Act 1992.

260‑45  Liquidator's obligation
 (1) This Subdivision applies to a person who becomes a liquidator of a company.
 (2) Within 14 days after becoming liquidator, the liquidator must give written notice of that fact to the Commissioner.
 (3) The Commissioner must, as soon as practicable, notify the liquidator of the amount (the notified amount) that the Commissioner considers is enough to discharge any *outstanding tax‑related liabilities that the company has when the notice is given.
 (4) The liquidator must not, without the Commissioner's permission, part with any of the company's assets before receiving the Commissioner's notice.
 (5) However, subsection (4) does not prevent the liquidator from parting with the company's assets to pay debts of the company not covered by either of the following paragraphs:
 (a) the *outstanding tax‑related liabilities;
 (b) any debts of the company which:
 (i) are unsecured; and
 (ii) are not required, by an *Australian law,