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Australia’s Mooted Offshore “Amnesty” – Immunity From Prosecution Unclear

Although various tax advisers and some industry bodies have already expressed enthusiasm about the apparent generous nature of the just mooted “amnesty” for Australian tax evaders with offshore interests, there is as yet no certainty of immunity from criminal prosecution being available.

In this connection, The Australian Taxation Office (ATO) does not actually have the authority to grant immunity. Only the Commonwealth Director of Public Prosecutions (DPP) has the power to grant immunity from prosecution. Under the Australian Government’s Prosecution Policy, the DPP can give favourable consideration to refraining from prosecution under a “public interest” clause. Read more

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