291Payment of royalty

#### 291 Payment of royalty 291 Payment of royalty > > (1) Royalty payable to the Crown under this Act is payable— > > > > > (a) except to the extent a deferral approval or determination under paragraph (b) or (c) has effect—at the times, and for the periods, specified in, or determined in accordance with, the regulations, or > > > > > (b) except to the extent a determination under paragraph (c) has effect—at the times, and for the periods, specified in a deferral approval, or > > > > > (c) on demand by the Minister for the period determined by the Minister. > > > (1A) If a person who is liable to pay royalty fails to pay it as required by subsection (1), the person is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day that the offence continues, or > > > > > (b) in the case of a natural person—2,000 penalty units or imprisonment for 12 months, or both, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day that the offence continues. > > > (2) A tax default occurs for the purposes of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) if royalty payable to the Crown— > > > > > (a) is not paid by the time that it becomes payable in accordance with the regulations unless paragraph (a1) or (b) applies, or > > > > > (a1) for royalty payable in accordance with a deferral approval—is not paid within 28 days after the day on which the royalty becomes payable in accordance with the deferral approval, or > > > > > (a2) for interest payable in relation to a deferral approval under section 291AB—is not paid within 28 days after the day on which the interest becomes payable in accordance with section 291AB, or > > > > > (b) in the case of royalty payable on demand by the Minister—is not paid within 28 days of the demand for its payment. > > > (3) The regulations may require the payment of any royalty to accompany a return made under this Part. > > **s 291:** Am 2008 No 19, Sch 1 \[246\]; 2012 No 84, Sch 2.2 \[9\]; 2014 No 37, Sch 4.1 \[1\] \[9\]; 2025 No 37, Sch 3\[9\]–\[11\].