Document ID: chunk:federal_register_of_legislation:C2025C00139:section:3:p6
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 3 (pt 6/20)
Character Range: 213463–216080

the trustees, mentioned in paragraph (a) is a company that is a body corporate—each individual who was a director of such a company at the time the obligation arose.

Liabilities
 (2) An amount that is payable under this Act by a trust is payable by each of the following entities:
 (a) each entity (whether an individual or a company that is a body corporate) that was a trustee of the trust at the time the amount became payable;
 (b) if the trustee, or one or more of the trustees, mentioned in paragraph (a) is a company that is a body corporate—each individual who was a director of such a company at the time the amount became payable.
 (3) An amount is payable by a director under paragraph (2)(b) only if the amount is payable by the trust because of a deliberate act or omission of the director involving dishonesty, gross negligence or recklessness.
 (4) If an amount is payable under this section by more than one entity, those entities are jointly and severally liable to pay the amount.
 (5) For the purpose of ensuring the payment of an amount payable under this section by an entity mentioned in paragraph (2)(a) or (b), the Commissioner of Taxation has the same remedies against the property of the trust as the Commissioner of Taxation would have against the property of the entity.

180‑25  Offences
  An offence against this Act committed by a trust no trustee of which is a body corporate is taken to have been committed by each entity that was a trustee of the trust at the time the trust committed the offence.

Subdivision 180‑D—Bodies corporate

180‑30  Liabilities
 (1) An amount that is payable under this Act by a company that is a body corporate is payable by each of the following entities:
 (a) the body corporate;
 (b) each individual who was a director of the body corporate at the time the amount became payable;
if, at the time the amount became payable, the body corporate was a registered entity.
 (2) An amount is payable by a director under paragraph (1)(b) only if the amount is payable by the body corporate because of a deliberate act or omission of the director involving dishonesty, gross negligence or recklessness.
 (3) If an amount is payable under this section by more than one entity, those entities are jointly and severally liable to pay the amount.

Subdivision 180‑E—Rights of indemnity and contribution

180‑35  Rights of indemnity and contribution
 (1) This section applies if:
 (a) an amount is payable under section 180‑5, 180‑20 or 180‑30 by 2 or more entities (the jointly liable entities); and
 (b) one of the jointly liable entities (the paying entity) pays