Restriction on excluding or modifying liability for State taxes and other amounts
76RM Restriction on excluding or modifying liability for State taxes and other amounts
A modification order can not—
exclude or modify—
a person’s liability to pay a State tax; or
a provision of an Act providing for the payment of a State tax or the recovery of unpaid amounts of a State tax; or
exclude or modify a person’s liability to pay a fee or charge that is not a State tax, other than to the extent provided under this section.
A modification order may waive all or part of, or provide for an entity to waive all or part of, a liability to pay a fee or charge that is not a State tax if—
the fee or charge is payable for an application or process under an Act; and
the provisions about dealing with the application or conducting the process are excluded or modified by the modification order; and
the Minister is satisfied that the amount of the fee or charge that would otherwise be payable for the application or process is unreasonable, having regard to—
the cost of dealing with the application or conducting the process under the modification order; and
the advice of the Treasurer; and
any other matter the Minister considers appropriate.
In this section—
State tax—
means a tax, impost, rate, royalty, levy or duty payable to the State; and
includes any interest, penalty or other amount payable in relation to a tax, impost, rate, royalty, levy or duty mentioned in paragraph (a).
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