86Liable person required to make full and true disclosure

86 Liable person required to make full and true disclosure

86 Liable person required to make full and true disclosure

(1) A liable person who makes a claim for a waiver or reduction of a levy by the Chief Commissioner must fully and truly disclose to the Chief Commissioner all the facts and circumstances relating to that claim.

Maximum penalty: 100 penalty units.

(2) The Chief Commissioner may, by order in writing served on a person (a payment order), require a person to pay to the Chief Commissioner a specified amount if:

(a) the Chief Commissioner waived or reduced the levy payable by the person, and

(b) the Chief Commissioner is satisfied that the person contravened subsection (1) in relation to the person’s claim for a waiver or reduction of the levy.

(3) A payment order may require the person to pay the whole or part of a waived amount to the Chief Commissioner by a date specified in the order (being not less than 30 days after the date of service of the order).

(4) A waived amount is the amount of the levy that was waived or, if the levy was reduced, the amount of the reduction.

(5) A payment order may require the person to pay interest in respect of the waived amount, calculated as provided for by this Division.

(6) A payment order may be made whether or not the person against whom it is made has been prosecuted for, or found guilty of, an offence under subsection (1).

(7) A payment order cannot be made more than 3 years after the contravention of subsection (1) is alleged to have occurred.

(8) In this section:

Chief Commissioner includes a delegate of the Chief Commissioner and any other person engaged in the administration of this Act.