CTHIn ForceAct
Taxation Administration Act 1953
8HACourt may order payment of amount in addition to penalty
Start here
Get a plain-English read of 8HA
Turn the raw legal text into a practical explanation grounded in Taxation Administration Act 1953.
#### 8HA Court may order payment of amount in addition to penalty
(1) If:
(a) a person (the convicted person) is convicted before a court of an offence against section 8C, 8D or 8H in relation to a refusal or failure to do a particular thing; and
(b) the court is satisfied that the purpose of, or one of the purposes of, the refusal or failure was to facilitate the avoidance of an amount of a tax liability of the convicted person or another person;
the court may, in addition to imposing a penalty on the convicted person, order the convicted person to pay to the Commissioner an amount not exceeding:
(c) if the offence is an offence to which subsection 8E(2) or (3) applies—3 times that amount; or
(d) in any other case—2 times that amount.
(2) A reference in this section to a conviction of a person for an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.