Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:2_165:p5
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 2 cl 165 (pt 5/11)
Character Range: 55595–58330

from time to time—require the third party to pay to the Commissioner a specified amount, or a specified percentage, of each amount of the available money, until the debt is satisfied.

When amount must be paid

 (5) The notice must require the third party to pay an amount under paragraph (4)(a), or each amount under paragraph (4)(b):
 (a) immediately after; or
 (b) at or within a specified time after;
the amount of the available money concerned becomes an amount owing to the debtor.

Debtor must be notified

 (6) The Commissioner must send a copy of the notice to the debtor.

Setting‑off amounts

 (7) If an entity other than the third party has paid an amount to the Commissioner that satisfies all or part of the debt:
 (a) the Commissioner must notify the third party of that 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