QLDIn ForceAct
Duties Act 2001
sec.246OWhen liability for windfall duty arises
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### sec.246O When liability for windfall duty arises
A person’s liability for windfall duty arises when the person makes a claim for an AFAD windfall.
For subsection (1) , a claim is made by a person on the following day—
if the person gives notice to the commissioner disputing the person’s liability for invalid AFAD imposed on a relevant transaction—the day the commissioner is notified;
if the person is taken to have made a claim under section 246N (2) (a) —the day the order is made;
if the person is taken to have made a claim under section 246N (2) (b) —on the day written notice of the commissioner’s decision on the objection is given;
if the person is taken to have made a claim under section 246N (2) (c) —the day after the payment day.
s 246O ins 2025 No. 15 s 5
(sec.246O-ssec.1) A person’s liability for windfall duty arises when the person makes a claim for an AFAD windfall.
(sec.246O-ssec.2) For subsection (1) , a claim is made by a person on the following day— if the person gives notice to the commissioner disputing the person’s liability for invalid AFAD imposed on a relevant transaction—the day the commissioner is notified; if the person is taken to have made a claim under section 246N (2) (a) —the day the order is made; if the person is taken to have made a claim under section 246N (2) (b) —on the day written notice of the commissioner’s decision on the objection is given; if the person is taken to have made a claim under section 246N (2) (c) —the day after the payment day.
- (a) if the person gives notice to the commissioner disputing the person’s liability for invalid AFAD imposed on a relevant transaction—the day the commissioner is notified;
- (b) if the person is taken to have made a claim under section 246N (2) (a) —the day the order is made;
- (c) if the person is taken to have made a claim under section 246N (2) (b) —on the day written notice of the commissioner’s decision on the objection is given;
- (d) if the person is taken to have made a claim under section 246N (2) (c) —the day after the payment day.