106OCivil penalty for promotion of tax avoidance scheme

#### 106O Civil penalty for promotion of tax avoidance scheme 106O Civil penalty for promotion of tax avoidance scheme > > (1) The Supreme Court may, on application by the Chief Commissioner, make an order requiring a person who contravenes section 106N to pay the State a civil penalty not exceeding— > > > > > (a) 10,090 penalty units for an individual, or > > > > > (b) 50,450 penalty units for a corporation. > > > (2) In deciding what penalty is appropriate for a contravention of section 106N by a person (referred to in subsection (4) as a promoter), the Supreme Court may have regard to all matters it considers relevant, including the following— > > > > > (a) the amount of the consideration received or receivable, directly or indirectly, by the person or associated persons, or both, in relation to the scheme, > > > > > (b) the deterrent effect the penalty may have, > > > > > (c) the amount of loss or damage incurred by a person who enters into, makes or carries out the tax avoidance scheme, > > > > > (d) the nature and extent of the contravention, > > > > > (e) the circumstances in which the contravention took place, including the deliberateness of the person’s conduct and whether there was an honest and reasonable mistake of law, > > > > > (f) the period over which the conduct extended, > > > > > (g) whether the person took steps to avoid the contravention, > > > > > (h) whether the person has previously been found by the Court to have engaged in the same or similar conduct, > > > > > (i) the degree of the person’s cooperation with the Chief Commissioner. > > > (3) The debt arising from an order to pay a civil penalty is taken to be a judgment debt. > > > (4) For the purposes of this section, a person is an associated person of a promoter of a tax avoidance scheme if the person is an associated person of the promoter for the purposes of the [Duties Act 1997](/view/html/inforce/current/act-1997-123). > > > > Note— > > > > See the [Duties Act 1997](/view/html/inforce/current/act-1997-123), Dictionary, clause 2. > > **s 106O:** Ins 2022 No 16, Sch 8\[6\].