Document ID: chunk:federal_register_of_legislation:C2006C00616:clause:1_2:p1
Version: federal_register_of_legislation:C2006C00616
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/4)
Character Range: 4663–7583

2  Before Division 288 in Schedule 1
Insert:

Division 284—Administrative penalties for statements, unarguable positions and schemes

Table of Subdivisions

 Guide to Division 284
284‑A General provisions
284‑B Penalties relating to statements
284‑C Penalties relating to schemes
284‑D Provisions common to Subdivisions 284‑B and 284‑C

Guide to Division 284

284‑5  What this Division is about

      This Division sets out the circumstances in which administrative penalties apply for:

                (a) making false or misleading statements; and
                (b) taking a position that is not reasonably arguable; and
                (c) entering into schemes.
      It also sets out the amounts of those penalties.

Subdivision 284‑A—General provisions

Table of sections

284‑10 Object of Division
284‑15 When a matter is reasonably arguable
284‑20 Which statements this Division applies to
284‑25 Statements by agents
284‑30 Application of Division to trusts
284‑35 Application of Division to partnerships

284‑10  Object of Division

  The object of this Division is to provide a uniform administrative penalty regime for all *taxation laws to enable administrative penalties to apply to entities that fail to meet their obligations under those laws in relation to:
 (a) making false or misleading statements; and
 (b) taking a position that is not reasonably arguable; and
 (c) entering into *schemes; and
 (d) refusing to provide documents to the Commissioner; and
 (e) disregarding *private rulings.

284‑15  When a matter is reasonably arguable

 (1) A matter is reasonably arguable if it would be concluded in the circumstances, having regard to relevant authorities, that what is argued for is as likely to be correct as incorrect, or is more likely to be correct than incorrect.

 (2) To the extent that a matter involves an assumption about the way in which the Commissioner will exercise a discretion, the matter is only reasonably arguable if, had the Commissioner exercised the discretion in the way assumed, a court would be as likely as not to decide that the exercise of the discretion was in accordance with law.

 (3) Without limiting subsection (1), these authorities are relevant:
 (a) a *taxation law;
 (b) material for the purposes of subsection 15AB(1) of the Acts Interpretation Act 1901;
 (c) a decision of a court (whether or not an Australian court), the *AAT or a Board of Review;
 (d) a public ruling within the meaning of Part IVAAA.

284‑20  Which statements this Division applies to

  This Division applies to a statement made orally, in a document or in any other way (including electronically) for a purpose connected with a *taxation law.

284‑25  Statements by agents

  This Division applies to a statement made in an *approved form by your agent as if it had been made by you.

284‑30  Application of Division to trusts

  If you are a trustee of a trust and: