Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_143:p4
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 143 (pt 4/24)
Character Range: 1158414–1161158

not a tax‑related liability. As such, the collection and recovery provisions in this Part do not apply to it.
 (2) The Commissioner may require you to give the security:
 (a) by way of a bond or deposit (including by way of payments in instalments); or
 (b) by any other means that the Commissioner reasonably believes is appropriate.
 (3) The Commissioner may require you to give security under this section:
 (a) at any time the Commissioner reasonably believes is appropriate; and
 (b) as often as the Commissioner reasonably believes is appropriate.
Example: The Commissioner may require additional security if he or she reasonably believes that the original security requirement underestimated the amount of the likely tax‑related liability.

255‑105  Notice of requirement to give security

Commissioner must give notice of requirement to give security
 (1) If the Commissioner requires you to give security under section 255‑100, he or she must give you written notice of the requirement.

Content of notice
 (2) The notice must:
 (a) state that you are required to give the security to the Commissioner; and
 (b) explain why the Commissioner requires the security; and
 (c) set out the amount of the security; and
 (d) describe the means by which you are required to give the security under subsection 255‑100(2); and
 (e) specify the time by which you are required to give the security; and
 (f) explain how you may have the Commissioner's decision to require you to give the security reviewed.
 (3) To avoid doubt, a single notice may relate to security for the payment of 2 or more existing or future *tax‑related liabilities, but must comply with subsection (2) in relation to each of them.

When notice is given
 (4) Despite section 29 of the Acts Interpretation Act 1901, a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
Note: Section 28A of the Acts Interpretation Act 1901 may be relevant to giving a notice under subsection (1).

Miscellaneous
 (5) A failure to comply with this section does not affect the validity of the requirement to give the security under section 255‑100.

255‑110  Offence
  You commit an offence if:
 (a) the Commissioner requires you to give security under section 255‑100; and
 (b) you fail to give that security as required.
Penalty: 100 penalty units.

255‑115  Order to comply with requirement
 (1) The Federal Court of Australia may, on the application of the Commissioner, order you to comply with a requirement to give security under section 255‑100, if the Commissioner has given you notice of the requirement under subsection 255‑105(1).
 (2) If the Court makes an order under subsection (1), the Court may also order you to comply with such