Have you been charged with Form of Record?

What does it mean to be charged with failing to keep records in English or translatable form?

If you have been charged with Failing to Keep Records in English or a Translatable Form under Section 54 of the Taxation Administration Act 1997, it’s important to seek legal advice before entering a plea. This charge addresses the requirement for records kept under taxation law to either be in English or in a form that can be easily converted into English.

What Must the Prosecution Prove:

To convict you of this offence, the prosecution must prove the following elements beyond a reasonable doubt:

1.You were required to keep tax records:

This means you had a legal obligation under taxation law to maintain certain records.

2. The records were not kept in English or in a form that could be easily translated into English:

The law allows for records to be kept in another language, provided they can be readily translated.

Penalties for form of record:

The penalties for failing to comply with this requirement are as follows:

• Body Corporate: Up to 200 penalty units.
• Individual: Up to 40 penalty units.

Where will my case be heard?

Cases involving the Form of Record – English Language can ONLY be heard in the Magistrates’ Court of Victoria.

Factors and defences to consider:

Before making any decisions about your plea, consult with a criminal lawyer and consider the following questions:

• Was I required to keep the records under taxation law?
• Were the records truly inaccessible due to being in a non-English form?
• Can the records be easily translated or converted to English?
• Do I have any valid defences for not keeping the records in English?

What happens next?

If you have been charged with failing to keep records in English or a translatable form, it is essential to consult with an experienced criminal lawyer as soon as possible. Your lawyer will help you determine whether the prosecution can establish the necessary elements of the charge and, if not, work to have the charge dismissed. If you intend to plead guilty, your lawyer can help you mitigate your sentence.

Contact MK Law on 1800 130 120 to schedule an appointment with one of our experienced legal professionals. Early preparation is critical to achieving the best possible outcome in your case.