ACTIn ForceAct
Limitation Act 1985
21ATax, licence fee or duty or penalty tax
Start here
Get a plain-English read of 21A
Turn the raw legal text into a practical explanation grounded in Limitation Act 1985.
21A Tax, licence fee or duty or penalty tax
(1) An action for recovery of a revenue amount is not maintainable unless
proceedings in relation to the amount are instituted before the end of
the period of 6 months after the date the amount was paid.
(2) Subsection (1) does not apply to an action for recovery of an amount
that would have been recoverable as an overpayment if the purported
tax, licence fee or duty had been valid.
(3) Subsection (1) is part of the substantive law of the Territory.
(4) In subsection (1):
revenue amount means an amount of money paid voluntarily or
under compulsion as—
(a) a tax, licence fee or duty imposed, or purportedly imposed,
under an Act; or
(b) penalty tax in relation to such a tax, licence fee or duty;
if the amount would have been legally owing if the provision under
which it was paid had been valid.