Commentary on Provisions Part 5 – Enforcement of the levy and penalties Chapter 3 – Penalties Section 54 – Penalty for failure to keep and preserve records
93.This section provides that a person who fails to comply with the duty in section 28 to keep and preserve records is liable to a penalty as determined by a relevant local authority (subsection (1)). The duty to keep and preserve records under section 28 falls on the liable person and any person who has entered into an arrangement under section 9 to make returns on behalf of the liable person. But no penalty is incurred under this section if the person provides other documentary evidence of relevant facts to the satisfaction of the local authority (subsection (2)).