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Taxation Administration Act 1999
23No recovery of revenue amounts following non-legislative
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23 No recovery of revenue amounts following non-legislative
change in law
(1) A revenue amount paid before a non-legislative change of the law is
not recoverable from the Territory on a ground of invalidity if the
ground came into existence because of the change of law.
(2) If a revenue amount paid before a non-legislative change of the law
would have been refundable as an overpayment if the purported tax
had been valid, that amount is refundable as if the purported tax had
indeed been valid.
ground of invalidity means—
(a) the ground of invalidity of a tax law; or
(b) the ground of mistake (whether law or a fact) about the validity
or invalidity of a tax law; or
(c) any other restitutionary ground relating to the validity or
invalidity of a tax law.
non-legislative change of the law means a change of the law or of
legal principles, or a change in what is generally perceived to be the
state of the law or legal principles, but does not include a change made
by legislation.
Territory includes an officer, Minister and territory authority.