Document ID: chunk:federal_register_of_legislation:C2011C00610:clause:1_4:p2
Version: federal_register_of_legislation:C2011C00610
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/4)
Character Range: 51633–54268

(3) You are also liable to pay to the Commissioner a penalty if:
 (a) after the due day, you became a director of the company and began to be under an obligation under section 269‑15; and
 (b) 14 days later, you are still under that obligation.

 (4) The penalty is due and payable at the end of that 14th day.

Note: The Commissioner must not commence proceedings to recover the penalty until the end of 21 days after the Commissioner gives you notice of the penalty under section 269‑25.

Amount of penalty

 (5) The amount of a penalty under this section is equal to the unpaid amount of the company's liability under its obligation.

Note 1: See section 269‑40 for the effect on your penalty of the company discharging its obligation, or of another director paying his or her penalty.

Note 2: See section 269‑45 for your rights of indemnity and contribution.

269‑25  Notice

Commissioner must give notice of penalty

 (1) The Commissioner must not commence proceedings to recover from you a penalty payable under this Subdivision until the end of 21 days after the Commissioner gives you a written notice under this section.

Content of notice

 (2) The notice must:
 (a) set out what the Commissioner thinks is the unpaid amount of the company's liability under its obligation; and
 (b) state that you are liable to pay to the Commissioner, by way of penalty, an amount equal to that unpaid amount because of an obligation you have or had under this Division; and
 (c) explain the main circumstances in which the penalty will be remitted.

 (3) To avoid doubt, a single notice may relate to 2 or more penalties, 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 1: Section 28A of the Acts Interpretation Act 1901 may be relevant to giving a notice under subsection (1).

Note 2: Section 269‑50 of this Act is also relevant to giving a notice under subsection (1).

269‑30  Remission of penalty before end of notice period

  A penalty of yours under this Division is remitted if the directors of the company stop being under the relevant obligation under section 269‑15:
 (a) before the Commissioner gives you notice of the penalty under section 269‑25; or
 (b) within 21 days after the Commissioner gives you notice of the penalty under that section.

269‑35  Defences

Scope

 (1) This section applies in relation to:
 (a) proceedings to recover from you a penalty payable under this Division; or
 (b) proceedings