Notice of requirement to give security
255-105 Notice of requirement to give security
Commissioner must give notice of requirement to give security
If the Commissioner requires you to give security under section 255‑100, he or she must give you written notice of the requirement.
Content of notice
The notice must:
state that you are required to give the security to the Commissioner; and
explain why the Commissioner requires the security; and
set out the amount of the security; and
describe the means by which you are required to give the security under subsection 255‑100(2); and
specify the time by which you are required to give the security; and
explain how you may have the Commissioner’s decision to require you to give the security reviewed.
To avoid doubt, a single notice may relate to security for the payment of 2 or more existing or future *tax‑related liabilities, but must comply with subsection (2) in relation to each of them.
When notice is given
Despite section 29 of the Acts Interpretation Act 1901, a notice under subsection (1) is taken to be given at the time the Commissioner leaves or posts it.
Section 28A of the Acts Interpretation Act 1901 may be relevant to giving a notice under subsection (1).
Miscellaneous
A failure to comply with this section does not affect the validity of the requirement to give the security under section 255‑100.
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