39GLate payment penalty

39G Late payment penalty

(1) If any charge payable by a person (other than a visitor) remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty) equal to: (a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or (b) if the amount worked out under paragraph (a) is less than $250—$250. (1A) If a collected amount payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty) equal to: (a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or (b) if the amount worked out under paragraph (a) is less than $250—$250. (1B) If a penalty amount payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty) equal to: (a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or (b) if the amount worked out under paragraph (a) is less than $250—$250. (2) The Authority may, on behalf of the Commonwealth, remit the whole or a part of an amount of late payment penalty. (3) The Authority’s powers under subsection (2) may be exercised: (a) on the Authority’s own initiative; or (b) at the request of a person who is liable to pay late payment penalty. (4) If the Authority makes a decision under subsection (2) in relation to late payment penalty payable by a person, the Authority must give written notice of its decision to the person. (5) If: (a) the Authority makes a decision under subsection (2) in relation to late payment penalty payable by a person; and (b) the decision was made as the result of a request made by the person; the notice of the decision must also set out the reasons for the decision. (6) If 2 or more persons (the holders) are liable to pay the same late payment penalty because a chargeable permission is held by them jointly, the holders are jointly and severally liable to pay the late payment penalty.