Document ID: chunk:federal_register_of_legislation:C2012C00932:clause:1_55
Version: federal_register_of_legislation:C2012C00932
Segment Type: clause
Provision Reference: sch 1 cl 55
Character Range: 36825–38129

55  Liability of representatives of incapacitated entities
A representative of an incapacitated entity is not liable to make a payment to the Commissioner relating to a net amount if:
 (a) but for this item, the representative would be liable, because of amendments made by this Schedule, to make the payment; and
 (b) the liability arose as a result of acts or omissions that were within the scope of the representative's responsibility or authority for managing the incapacitated entity's affairs; and
 (c) the liability arose before 6 February 2009; and
 (d) the net amount has been disclosed in a GST return given to the Commissioner in accordance with the A New Tax System (Goods and Services Tax) Act 1999:
 (i) before 6 February 2009; or
 (ii) within the period required under that Act for giving the return; and
 (e) either the incapacitated entity has paid the net amount to the Commissioner, or both of the following apply:
 (i) the incapacitated entity was unable to pay the net amount to the Commissioner before 6 February 2009;
 (ii) the representative did not, on that day, have access to assets of the incapacitated entity, or to an indemnity, through which the net amount could be paid to the Commissioner; and
 (f) the representative acted in good faith in relation to the net amount.