ACTIn ForceAct
Taxation Administration Act 1999
119Offences by people involved in management of bodies
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119 Offences by people involved in management of bodies
corporate
(1) If a body corporate contravenes, by act or omission, a provision of a
tax law, a person who is concerned in, or takes part in, the
management of the body is taken to have contravened the same
provision unless the person satisfies the court that—
(a) the body contravened the provision without the person’s
knowledge; or
(b) the person was not in a position to influence the conduct of the
body in relation to its contravention of the provision; or
(c) the person, if in such a position, used all due diligence to prevent
the contravention by the body.
(2) A person may be convicted under this section of a contravention of a
provision of a tax law whether or not the body corporate has been
convicted of its contravention.
(3) This section does not affect a liability imposed on a body corporate
for an offence committed by it against a tax law.
(4) For this section the following are people who are concerned in, or
take part in, the management of a body corporate:
(a) a director;
(b) a secretary;
(c) a receiver and manager of property;
(d) an official manager or deputy official manager;
(e) a liquidator of the body corporate appointed in a voluntary
winding up;
(f) a trustee or other person administering a compromise or
arrangement made between the body and another person or other
people.