Document ID: chunk:federal_register_of_legislation:C2010C00576:clause:5_13
Version: federal_register_of_legislation:C2010C00576
Segment Type: clause
Provision Reference: sch 5 cl 13
Character Range: 93469–94346

13  After section 16‑40 in Schedule 1
Insert:

16‑43  Failure to withhold: civil penalty for exempt Australian government agency in relation to payment to foreign resident etc.

 (1) An *exempt Australian government agency that:
 (a) fails to withhold an amount as required by Division 12 from a *withholding payment covered by Subdivision 12‑FB (about payments to foreign residents); or
 (b) fails to pay to the Commissioner an amount as required by Division 14 in respect of a withholding payment covered by that Subdivision;
is liable to pay to the Commissioner a penalty (the penalty amount) equal to that amount.

 (2) The penalty amount is due at the time when the *exempt Australian government agency would have had to pay to the Commissioner the *amount required to be withheld.

Note: Division 298 in this Schedule contains machinery provisions for civil penalties.