Commonwealth of Australia Consolidated Acts Commonwealth of Australia Consolidated Acts(1) If you begin to satisfy a condition in section 40-525 for a * horticultural plant, you may give the last entity (if any) that satisfied such a condition for the plant a written notice requiring the entity to give you any or all of the following information:
(a) the amount of establishment expenditure for the plant;
(b) if the entity used the plant's * effective life to work out the decline in value of the plant--its effective life and the day on which it could first be used for * commercial horticulture.
(2) The notice must:
(a) be given within 60 days of your beginning to satisfy that condition; and
(b) specify a period of at least 60 days within which the information must be given; and
(c) set out the effect of subsection (3).
Note: Subsections (4) and (5) explain how this subsection operates if the last owner is a partnership.
Requirement to comply with notice
(3) The entity to whom the notice is given must not intentionally refuse or fail to comply with the notice.
Penalty: 10 penalty units.
Giving the notice to a partnership
(4) If the entity to whom the notice is given is a partnership:
(a) you may give it to the partnership by giving it to any of the partners (this does not limit how else you can give it); and
(b) the obligation to comply with the notice is imposed on each of the partners (not on the partnership), but may be discharged by any of them.
(5) A partner must not intentionally refuse or fail to comply with that obligation, unless another partner has already complied with it.
Penalty: 10 penalty units.
Limits on giving a notice
(6) Only one notice can be given in relation to the same * horticultural plant.
Guide to Subdivision 40-G