72BPerson receiving or controlling money of a debtor who is outside Australia

#### 72B Person receiving or controlling money of a debtor who is outside Australia (1) If: (a) a relevant debtor is not physically present in Australia; and (b) the debtor either: (i) derives income, or profits or gains of a capital nature, from a source in Australia; or (ii) is a shareholder, debenture holder or depositor in a company deriving income, or profits or gains of a capital nature, from a source in Australia; and (c) another person in Australia receives, controls or disposes of, any of the debtor’s money; the following provisions apply: (d) the other person must, when notified by the Registrar under subsection (2), pay the debtor’s relevant debt; (e) the person is authorised and required, when notified by the Registrar under subsection (2), to retain from time to time, out of any money that comes to him or her on behalf of the debtor, enough to pay the debtor’s relevant debt or any amount that may become payable by the debtor as a child support debt; (f) the person is personally liable for the debtor’s relevant debt to the extent of any amount that he or she retained, or should have retained, under paragraph (e); (g) the person is taken to be authorised by the debtor, or any other person concerned, to make any payments under this section. (2) If the Registrar requires a person referred to in paragraph (1)(c) to do a thing referred to in paragraph (1)(d) or (e), the Registrar must give that person written notice of: (a) that requirement; and (b) the amount of the debtor’s relevant debt; and (c) the day by which the person should pay the amount required to be paid. (3) If the person who receives, controls or disposes of any of a debtor’s money is: (a) the Commonwealth or a Commonwealth authority; or (b) a State or a State authority; or (c) a Territory or a Territory authority; paragraph (1)(f) does not apply to or in relation to that body. (4) For the purposes of this section: (a) a person is taken to have control of a debtor’s money if the person is liable to pay money to the debtor; and (b) money due by the person to the debtor is taken to be money that comes to the person on behalf of the debtor, other than money that is: (i) a payment of a royalty referred to in Subdivision 12‑F in Schedule 1 to the Taxation Administration Act 1953; or (ii) a payment to which section 12‑325 of that Schedule applies (natural resource payments). (5) Words and expressions used in this section that are defined in the Income Tax Assessment Act 1936 have, in this section, the meaning given by that Act.