Document ID: chunk:federal_register_of_legislation:C2011C00610:clause:1_4:p1
Version: federal_register_of_legislation:C2011C00610
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/4)
Character Range: 49055–51840

4                                                             is given notice of an estimate under Division 268                                                                          the amount of the estimate.

Note: In a case covered by item 2, 3 or 4 of the table, the due day is the same as the initial day.

 (2) This Division applies in relation to an amount that the company purports to withhold under Division 12, but is not required to withhold, as if the company were required to withhold the amount.

Subdivision 269‑B—Obligations and penalties

Table of sections

269‑15 Directors' obligations
269‑20 Penalty
269‑25 Notice
269‑30 Remission of penalty before end of notice period
269‑35 Defences

269‑15  Directors' obligations

Directors' obligations

 (1) The directors (within the meaning of the Corporations Act 2001) of the company (from time to time) on or after the initial day must cause the company to comply with its obligation.

 (2) The directors of the company (from time to time) continue to be under their obligation until:
 (a) the company complies with its obligation; or
 (b) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001; or
 (c) the company begins to be wound up (within the meaning of that Act).

Instalment arrangements

 (3) The Commissioner must not commence, or take a procedural step as a party to, proceedings to enforce an obligation, or to recover a penalty, of a director under this Division if an *arrangement that covers the company's obligation is in force under section 255‑15 (Commissioner's power to permit payments by instalments).

Note 1: The arrangement may also cover other obligations of the company.

Note 2: Subsection (3) does not prevent the Commissioner from giving a director a notice about a penalty under section 269‑25.

269‑20  Penalty

Penalty for director on or before due day

 (1) You are liable to pay to the Commissioner a penalty if:
 (a) at the end of the due day, the directors of the company are still under an obligation under section 269‑15; and
 (b) you were under that obligation at or before that time (because you were a director).

Note: Paragraph (1)(b) applies even if you stopped being a director before the end of the due day: see subsection 269‑15(2).

 (2) The penalty is due and payable at the end of the due 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.

Penalty for new director

 (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,