“the penalties are determined on a sliding scale based on the level of non-compliance (in the ATO's view):- 25% failure to take reasonable care- 50% recklessness- 75% intentional disregard.”
as I said decided by the ATO and completely subjective. Why wouldn’t you take them to court. Would much rather a independent judge deciding what the penalty element should be and not the ATO (who are no doubt trying to help out their friends ASIC).
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