Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_143:p22
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 143 (pt 22/24)
Character Range: 1203381–1206130

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).

Subdivision 268‑C—Liability to pay estimates

Table of sections
268‑20 Nature of liability to pay estimate
268‑25 Accuracy of estimate irrelevant to liability to pay
268‑30 Estimate provable in bankruptcy or winding up

268‑20  Nature of liability to pay estimate

Liability to pay amount of estimate
 (1) You must pay to the Commissioner the amount of the estimate if the Commissioner gives you notice of the estimate in accordance with section 268‑15. The amount is due and payable when the Commissioner gives you the notice.
Note: The amount of the estimate may be reduced, or the estimate revoked, under Subdivision 268‑D.

Liability to pay amount of estimate is distinct from underlying liability
 (2) Your liability to pay the amount of the estimate is separate and distinct from the underlying liability. It is separate and distinct for all purposes.
Example: In a case covered by paragraph 268‑10(1)(a) or (b), the Commissioner may take:
(a) proceedings to recover the unpaid amount of the estimate; or
(b) proceedings to recover the unpaid amount of the underlying liability; or
(c) proceedings of both kinds.

Discharging one liability discharges other liabilities
 (3) Despite subsection (2), if, at a particular time, one of the liabilities to which this subsection applies is discharged, to the extent of an amount, for either of the following reasons, each of the other liabilities to which this subsection applies is discharged to the extent of the same amount:
 (a) an amount is paid or applied towards discharging the liability;
 (b) the liability is discharged because of section 269‑40 (Effect of director paying penalty or company discharging liability).
 (4) Subsection (3) applies to whichever of the following liabilities are in existence at the particular time:
 (a) your liability to pay the amount of the estimate;
 (b) the underlying liability;
 (c) a liability of yours under a judgment, to the extent that it is based on a liability referred to in paragraph (a) or (b).
 (4A) In a case covered by paragraph 268‑10(1)(c) (estimate of liability in relation to net amount under GST Act), treat the reference in paragraph (4)(b) to the underlying liability as being a reference to a liability under Division 33 or 35 of the *GST Act for an *assessed net amount in respect of the underlying liability.
 (5) Subsection (3) does not discharge a liability to a greater extent than the amount of the liability.

268‑25  Accuracy of estimate irrelevant to liability to pay
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