South Australian Consolidated Acts

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FINANCIAL INSTITUTIONS DUTY ACT 1983 - SECT 20A

20A—Contributions from persons jointly liable to pay duty

        (1)         A person who, during a period, is or was a member of a group within the meaning of this Part is jointly and severally liable with the other persons who are or were members of the group during that period to pay duty payable by members of that group in respect of that period.

        (2)         Where two or more persons are jointly liable to pay duty, they are each liable for the whole duty, but any of them who has paid the duty may recover contributions as follows:

            (a)         a person who has paid duty may recover by way of contribution from any other person jointly liable to pay that duty a sum which bears to the duty the same proportion as the share of dutiable receipts or average daily liability which that other person received or paid bears to the total dutiable receipts or average daily liability which the persons jointly liable to the duty received or paid;

            (b)         a person entitled to contribution under this section may recover it in a court of competent jurisdiction as money paid to the use of the person liable to contribute, or may retain or deduct the amount of the contribution out of any money in his or her hands belonging or payable to the person liable to contribute.

        (3)         In this section—

"duty" means financial institutions duty, and includes penalty tax and interest payable under Part 5 of the Taxation Administration Act 1996 in relation to financial institutions duty.



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