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s 42A

Penalty royalty

In force
Part IVCollection and recovery of royalty

42A Penalty royalty

(1)

If a royalty payer:

(a)

evades, or attempts to evade; or

(b)

does any act with intent to evade; or

(c) makes default in the performance of any duty imposed under this Act or the Regulations with intent to evade,

the assessment or payment of a sum which is or may become chargeable against the royalty payer by way of royalty (in this section referred to as the deficient royalty) the Secretary shall, when assessing the deficient royalty, assess the royalty payer with additional royalty by way of a penalty (in this section referred to as penal royalty) not exceeding twice the deficient royalty or $10,000, whichever is the greater.

(2) Penal royalty is payable in respect of the same royalty year as the deficient royalty.

(3) The royalty payer may object to the assessment of penal royalty under Part 11 of the Taxation Administration Act 2007 in the same manner as any other assessment.

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