Commonwealth Consolidated Acts

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TAXATION ADMINISTRATION ACT 1953 - SECT 8ZA

Prosecution of taxation offences

  (1)   A taxation offence that is punishable by imprisonment for a period exceeding 12 months is, when committed by a natural person, an indictable offence.

  (2)   A taxation offence that is punishable by imprisonment for a period not exceeding 12 months is, when committed by a natural person, punishable on summary conviction.

  (3)   A prescribed taxation offence, when committed by a natural person, is punishable on summary conviction.

  (4)   A taxation offence, when committed by a corporation, is punishable on summary conviction.

  (5)   In spite of anything in the preceding provisions of this section, if:

  (a)   a person is convicted of 2 or more offences against section   8T or 8U, or both, before the same court at the same sitting; and

  (b)   assuming that the person had only been convicted of one of those offences, that offence would have been punishable on summary conviction;

all those offences are punishable on summary conviction.

  (6)   A reference in subsection   (5) to a conviction of a person for an offence includes a reference to the making of an order under section   19B of the Crimes Act 1914 in relation to the person in respect of the offence.

  (7)   A reference in subsection   (5) to an offence against section   8T or 8U includes a reference to an offence against section   11.1 of the Criminal Code that relates to an offence against section   8T or 8U, as the case may be.



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