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Taxation Administration Act 1999
22Judgments for the recovery of revenue amounts
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22 Judgments for the recovery of revenue amounts
(1) Judgment must not be entered for a plaintiff or claimant in a
proceeding against the Territory for the recovery of a revenue amount
unless—
(a) the court is satisfied that—
(i) the plaintiff or claimant has not charged to, or recovered
from, any other person an amount paid in relation to the
whole or any part of the revenue amount; or
(ii) if the plaintiff or claimant has so charged or recovered any
such amount—he or she has repaid the amount; and
(b) the plaintiff or claimant gives to the court an undertaking in
writing that he or she will not charge to, or recover from, any
other person an amount paid in relation to the whole or any part
of the revenue amount.
(2) A person who contravenes an undertaking that the person has given
under subsection (1) (b) is liable to pay to the commissioner, as a
penalty, an amount equal to double the amount that the person has
charged to, or recovered from, another person by the contravention.
Refunds of tax Part 4
(3) In subsection (1):
Territory includes an officer, Minister and territory authority.