Accident Rehabilitation and Compensation Insurance Amendment Act 1996
Accident Rehabilitation and Compensation Insurance Amendment Act 1996
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Accident Rehabilitation and Compensation Insurance Amendment Act 1996
Accident Rehabilitation and Compensation Insurance Amendment Act 1996
Public Act |
1996 No 64 |
|
Date of assent |
26 July 1996 |
|
Contents
An Act to amend the Accident Rehabilitation and Compensation Insurance Act 1992
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and application
(1)
This Act may be cited as the Accident Rehabilitation and Compensation Insurance Amendment Act 1996, and shall be read together with and deemed part of the Accident Rehabilitation and Compensation Insurance Act 1992 (in this Act referred to as the principal Act).
(2)
Except as provided in sections 6 and 7 of this Act, this Act applies with respect to obligations, liabilities, and rights in relation to earnings in respect of the 1997–98 income year and subsequent years.
2 Deduction on account of earner premiums
Section 115 of the principal Act is amended—
(a)
By inserting in subsection (2) the words “and in section 115a of this Act,”
, after the words “referred to in this section”
:
(b)
By repealing subsections (5) to (15):
(c)
By omitting from subsection (16) the expression “subsection (14) of this section”
, and substituting the expression “section 115b of this Act”
:
(d)
By repealing subsections (21a), (22), and (23).
3 New sections inserted
The principal Act is amended by inserting, after section 115, the following sections:
“115a Offences
“(1)
Subject to subsection (5) of this section, every person who—
“(a)
Being an employer, knowingly does not make a deduction required to be made under section 115 of this Act; or
“(b)
Knowingly applies or permits the application of the amount of a deduction made or deemed made under section 115 of this Act for any purpose other than in payment to the Corporation or an agent of the Corporation; or
“(c)
Knowingly provides altered, false, incomplete, or misleading information to the Corporation or any other person in respect of any matter or thing affecting a deduction required to be made under section 115 of this Act; or
“(d)
Causes or attempts to cause any employer or other person to refrain from making a deduction required to be made under section 115 of this Act or to make a lesser deduction than the deduction required to be made under section 115; or
“(e)
Obtains or attempts to obtain for the person’s own advantage or benefit credit with respect to, or a payment of, the whole or any part of the amount of a deduction made in accordance with section 115 of this Act from an amount included in the earnings of any other person,—
commits an offence against this Act.
“(2)
A person shall not be convicted of an offence under subsection (1)(b) of this section if the person satisfies the Court that the amount of the deduction required to be made under section 115 of this Act has been paid to the Corporation or an agent of the Corporation, and that the person’s failure to make payment of the deduction within the prescribed time was due to illness, accident, or other cause beyond the person’s control.
“(3)
A person who commits an offence against subsection (1)(b) of this section is liable, on each occasion the person is convicted, to—
“(a)
Imprisonment for a term not exceeding 5 years; or
“(b)
A fine not exceeding $50,000; or
“(c)
Both.
“(4)
A person who commits an offence against any of paragraphs (a), (c), (d) and (e) of subsection (1) or this section is
“(a)
The first time the person is convicted in relation to a particular type of offence, to a fine not exceeding $25,000:
“(b)
On every other occasion the person is convicted for the same type of offence, to a fine not exceeding $50,000.
“(5)
No person shall be convicted of an offence under this section in respect of any deduction required to be made on account of the premium payable under this Act (in this subsection referred to as ‘premium deduction’) if the person is convicted of an offence under section 143a(1) of the Tax Administration Act 1994 in respect of any deduction required to be made under the PAYE rules, being a deduction which, if the premium deduction were a deduction on account of income tax for the purposes of the PAYE rules, would have included the amount of the premium deduction.
“115b Provisions of Tax Administration Act 1994 deemed to apply
“(1)
Except to the extent specified in subsections (2) and (3) of this section, the following Parts of the Tax Administration Act 1994 (referred to in this section as ‘those provisions’) apply to earners’, employers’, and employees’ obligations in respect of premiums payable under sections 101, 102, and 114 of this Act, namely,—
“(a)
Part VII—Interest (but subject to section 157a of the Tax Administration Act 1994); and
“(b)
Part IX—insofar as the Part applies to establishing late payment and shortfall penalties (but subject to section 157a of the Tax Administration Act 1994); and
“(c)
Part X—Recoveries; and
“(d)
Part XI—insofar as the Part provides rights of remission, relief, and refunds in respect of interest, and late payment penalties and shortfall penalties,—
and as if they were set out in full in this Act, but with—
“(e)
References in those provisions to tax laws being replaced by references to this Act and regulations or determinations of the Corporation or its agent made under it; and
“(f)
References in those provisions to taxpayers being replaced by references to earners, employers, and employees; and
“(g)
References in those provisions to the Commissioner being replaced by references to the Corporation or an agent of the Corporation; and
“(h)
References in those provisions to tax positions being replaced by references to positions a person may take under this Act in relation to liabilities to pay an amount of premium or to deduct or withhold an amount of premium; and
“(i)
References in those provisions to tax, tax payable, unpaid tax, and overpaid tax being replaced by references to premiums, premiums payable, unpaid premiums, and overpaid premiums; and
“(j)
References in those provisions to tax liabilities or obligations to deduct and account for, or pay, amounts of tax being replaced by references to liabilities or obligations to deduct or account for, or pay, amounts of premiums or penalties in respect of premiums under this Act; and
“(k)
References in those provisions to penalties in respect of tax obligations being replaced by references to penalties in respect of obligations under this Act; and
“(l)
References in those provisions to assessments made under the Tax Administration Act 1994 being replaced by references to determinations made under this Act; and
“(m)
The dates by which premiums and penalties are to be paid to the Corporation or its agent under this Act being the due dates for the purposes of those provisions; and
“(n)
Such other changes as are necessary to give effect to this section being deemed to have been effected.
“(2)
Part VII of the Tax Administration Act 1994, as applied by subsection (1), does not apply to—
“(a)
Amendments to premiums as a result of experience rating calculations carried out by the Corporation; or
“(b)
Cessation adjustments under Part III of the Accident Rehabilitation and Compensation Insurance (Earnings Definitions) Regulations 1992.
“(3)
Notwithstanding subsection (1) of this section, section 146 of the Tax Administration Act 1994 is not to be included in the expression ‘those provisions’ for the purposes of subsection (1) of this section.
“115c Deemed deductions
“(1)
A deduction shall be deemed to have been made—
“(a)
Under section 115 of this Act; or
“(b)
For the purposes of sections 115a and 115b of this Act—
if and when payment is made of the net amount of any amount included in the earnings as an employee, and the amount of the deduction shall be deemed to have been applied for a purpose other than the payment thereof if the amount of the deduction is not duly paid to the Corporation or an agent of the Corporation.
“(2)
In sections 115a and 115b of this Act, the word ‘deduction’ includes all or part of a deduction required to be made under section 115 of this Act.
“115d Specific exception
“(1)
No person shall—
“(a)
Be convicted of an offence under section 115a of this Act; or
“(b)
Be chargeable with a penalty under section 115b of this Act—
in respect of any deduction or earner premium payable to the Commissioner as part of a combined tax and earner premium deduction.
“(2)
Nothing in subsection (1) is to limit the application of the remission, relief, and refunds component of section 115b of this Act.
“115e Definitions and construction
For the purposes of sections 115, 115a, 115b, 115c, and 115d of this Act,—
“(a)
The expressions ‘combined tax and earner premium deduction’, ‘Commissioner’, ‘employee’, ‘employer’, ‘income tax’, ‘private domestic worker’, ‘salary or wages’, ‘source deduction payment’, and ‘tax deduction’ have the same meanings as in the Income Tax Act 1994; and
“(b)
The expressions ‘irregular payment employee’ and ‘income year’ have the meanings given to them in regulations made under this Act.”
4 Agent to whom premiums are to be paid
Section 117 or the principal Act is amended by omitting the words “such amount of penal tax and additional tax payable under section 140 or section 194 of the Tax Administration Act 1994,”
, and substituting the words “penalties payable”
.
5 Penalties for late payment of premiums
Section 118 of the principal Act is repealed.
6 Remission of penalties
(1)
Section 118a of the principal Act (as inserted by section 38 of the Accident Rehabilitation and Compensation Insurance Amendment Act (No. 2) 1993) is repealed.
(2)
Section 38 of the Accident Rehabilitation and Compensation Insurance Amendment Act (No. 2) 1993 is consequentially repealed.
(3)
This section comes into force on the 1st day of April 1997.
7 Penal premium
Section 119 of the principal Act is repealed.
8 Power of Corporation in respect of small amounts of premium
(1)
Section 132 of the principal Act is amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
There shall be no liability for any payment of penalties under this Act in respect of non-payment of the premium to which this section applies.”
(2)
This section comes into force on the 1st day of April 1997.
This Act is administered in the Accident Rehabilitation and Compensation Insurance Corporation.
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Versions
Accident Rehabilitation and Compensation Insurance Amendment Act 1996
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