Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_7:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 2/3)
Character Range: 1233503–1236466

procedural step taken by your supervising entity is taken to have been taken by you.

Multiple supervising entities
 (9) If you have 2 or more supervising entities, anything this Division provides for to be done by or in relation to your supervising entity may be done by or in relation to any of them.

268‑100  Division not to limit or exclude Corporations or Bankruptcy Act
  This Division is not intended to limit or exclude the operation of Chapter 5 (External administration) or Schedule 2 to the Corporations Act 2001, or the Bankruptcy Act 1966, to the extent those provisions or that Act can operate concurrently with this Division.
Note: Section 268‑30 and Subdivision 268‑D affect the operation of Chapter 5 of the Corporations Act 2001 and the Bankruptcy Act 1966.

Division 269—Penalties for directors of non‑complying companies

Table of Subdivisions
 Guide to Division 269
269‑A Object and scope
269‑B Obligations and penalties
269‑C Discharging liabilities
269‑D Miscellaneous

Guide to Division 269

269‑1  What this Division is about

      This Division deals with obligations of a company:
             (a) under Subdivision 16‑B in this Schedule (obligation to pay withheld amounts to the Commissioner); and
             (b) under Division 268 in this Schedule (obligation to pay estimates); and
             (c) under Part 3 of the Superannuation Guarantee (Administration) Act 1992 (obligation to pay superannuation guarantee charge); and
             (d) under Divisions 33 and 35 of the GST Act in respect of assessed net amounts; and
             (e) under Division 162 of the GST Act in respect of GST instalments.
      The directors of a company have a duty to ensure that the company either:
             (a) meets those obligations; or
             (b) goes promptly into voluntary administration or restructuring under the Corporations Act 2001 or into liquidation.
      The directors' duties are enforced by penalties.
          Note: The duties this Division imposes on the directors of the company are in addition to the similar duties imposed on the public officer of the company. See subsection 252(1) of the Income Tax Assessment Act 1936.

Subdivision 269‑A—Object and scope

Table of sections
269‑5 Object of Division
269‑10 Scope of Division

269‑5  Object of Division
  The object of this Division is to ensure that a company either:
 (a) meets its obligations under:
 (i) Subdivision 16‑B (obligation to pay withheld amounts to the Commissioner); and
 (ii) Division 268 (estimates of PAYG withholding liabilities and superannuation guarantee charge); and
 (iii) Part 3 of the Superannuation Guarantee (Administration) Act 1992 (obligation to pay superannuation guarantee charge); and
 (iv) Divisions 33 and 35 of the *GST Act in respect of *assessed net amounts; and
 (v) Division 162 of the GST Act in respect of GST instalments (within the meaning of the GST Act); or
 (b) goes promptly into voluntary administration