81Joint and several liability

#### 81 Joint and several liability 81 Joint and several liability > > (1) If a member of a group fails to pay an amount that the member is required to pay under this Act in respect of any period, every member of the group is liable jointly and severally to pay that amount to the Chief Commissioner. > > > (2) If 2 or more persons are jointly or severally liable to pay an amount under this section, the Chief Commissioner may recover the whole of the amount from them, or any of them, or any one of them. > > > (3) If, under this section, 2 or more persons are jointly and severally liable to pay an amount that is payable by any one of them, each person is also jointly and severally liable to pay— > > > > > (a) any amount payable to the Chief Commissioner under this or any other Act in relation to that amount, including any interest and penalty tax, and > > > > > (b) any costs and expenses incurred in relation to the recovery of that amount that the Chief Commissioner is entitled to recover from any such person. > > > (4) A person who pays an amount in accordance with the liability imposed by this section has such rights of contribution or indemnity from the other person or persons as are just. > > > (5) This section applies whether or not the person was an employer during the relevant period. > > > (6) Each member of a group constituted under section 74A is liable jointly and severally for an amount payable under the Act by the former entity, within the meaning of that section, even if the amount became payable by the former entity before the group was constituted. > > > (7) A reference in subsection (6) to amount payable by a former entity includes an amount that would have been payable by the former entity if the former entity had not executed a deed of company arrangement as referred to in section 74A(5), definition of former entity, paragraph (a). > > **s 81:** Am 2023 No 18, Sch 5\[3\]; 2024 No 90, Sch 6\[2\] \[3\].