95Payment of duty by approved agents in respect to cattle

95 Payment of duty by approved agents in respect to cattle

(a) if during the last preceding month there has been no sale or purchase of cattle and calves and carcases of cattle, a nil return; or

S. 95(1)(b) amended by No. 84/2008 s. 34.

(b) in any other case, a return or returns of sales or purchases of cattle and calves and the carcases of cattle during the last preceding month, in the prescribed form, verified in the prescribed manner.

(2) An approved agent must not later than the 21st day of each month pay to the Commissioner as cattle duty on any return the duty chargeable under the Duties Act 2000.

1. 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the Duties Act 2000 had been complied with.

(3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.

(4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.

(5) An approved agent must issue to a purchaser of cattle or calves or the carcases of cattle an invoice that sets out—

(c) the expression "Vic. Cattle Duty Paid"; and

S. 95(7) substituted by No. 48/2010 s. 34.

(7) An approved agent, regardless of whether the agent purchases cattle, calves or the carcases of cattle on the agent's own behalf or as an agent for the purchaser, must issue to the seller of the cattle, calves or the carcases of cattle a statement that sets out—

(c) the expression "Vic. Cattle Duty Paid"; and

Note to s. 95 inserted by No. 13/2013 s. 32(4).

Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).

S. 95A inserted by No. 84/2008 s. 26.