Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_1233:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 1233 (pt 2/2)
Character Range: 2824271–2825996

amount that is 5 times the maximum fine that could be imposed on an individual convicted of the same offence.
Note 2: See also section 1230 (consequence of failure to comply with notice under this section).
 (3A) Subsection (3) applies only to the extent to which the person is capable of complying with the notice.
 (3B) Strict liability applies to the element of an offence against subsection (3) that a notice is a notice under subsection (1).
 (4) If the Secretary gives a notice to a person under subsection (1), the Secretary must give a copy of the notice to the debtor.
 (5) A person who makes a payment to the Commonwealth in compliance with a notice under subsection (1) is to be taken to have made the payment under the authority of the debtor and of any other person concerned.
 (6) If:
 (a) a notice is given to a person under subsection (1) in respect of a debt due; and
 (b) an amount is paid by another person in reduction or in satisfaction of the debt;
the Secretary must notify the first‑mentioned person accordingly, and the amount specified in the notice is to be taken to be reduced by the amount so paid.
 (7) If, apart from this subsection, money is not due or repayable on demand to a person unless a condition is fulfilled, the money is to be taken, for the purposes of this section, to be due or repayable on demand, as the case may be, even though the condition has not been fulfilled.
 (7F) This section applies to money in spite of any law of a State or Territory (however expressed) under which the amount is inalienable.
 (8) In this section, person includes:
 (a) the Commonwealth; and
 (b) a State; and
 (c) a Territory; and
 (d) any authority of the Commonwealth or of a State or Territory.