Taxation Administration Act 1997
40Amount of penalty tax
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40 Amount of penalty tax
(1) The amount of penalty tax payable is 25% of the amount of tax unpaid.
(2) The Commissioner may increase the amount of penalty tax payable to 75% of the amount of tax unpaid if satisfied that the tax default was caused wholly or partly by the intentional disregard by the taxpayer or a person acting on behalf of the taxpayer of a taxation law.
(3) The Commissioner may determine that a penalty tax is not payable if satisfied that –
(a) the taxpayer or a person acting on behalf of the taxpayer took reasonable care to comply with the taxation law; or
(b) the tax default occurred solely because of circumstances not amounting to financial incapacity that are beyond the control of the taxpayer or a person acting on behalf of the taxpayer.