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Accessibility of records for tax department

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Written by
Bill Doogue
Criminal Defence Lawyer

Contact Bill Doogue 

03 9670 5111


Tax Offences - VIC
The Law - Accessibility of records for tax department

What the Law states - Accessibility of records for tax department


Taxation Administration Act 1997 - SECT 53

Accessibility

53. Accessibility

A person who is required by a taxation law to keep a record must keep the record so that it is able to be readily produced to the Commissioner if the Commissioner requires its production.

Maximum Penalty for the charge of Accessibility of records for tax department



200 penalty units in the case of a body corporate;
40 penalty units in any other case.

What the Prosecution must prove - Accessibility of records for tax department



1. Required to keep a record

2. Did so in a way that it could not be easily produced

Possible Defences - Accessibility of records for tax department



Factual dispute
No legal requirement to keep record
Necessity

Which court will hear the charge of Accessibility of records for tax department



Magistrates Court
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