LinuxSA Mailing list archives

  From: David Lloyd <lloy0076@rebel.net.au>
  To  : darylp@pc-therapist.com.au
  Date: Thu, 29 Jun 2000 13:27:55 +0930

Re: GST & the ATO

Daryl!

> E-Commerce law specialist & mentioned forcing your clients to use
> brand-x
> support product for your services is illegal.

Yes, that is true. 

> I'll be looking at what avenues can be used to rectify this situation,
> (ATO Ombudsmen, ACCC, my local MP...)

I would actually politely request the ATO rectify the situation and make
sure you do that in paper format. Whatever you do, don't use e-mail
because it's unlikely to be viewed as evidence in a court. Tell the ATO
that you expect them to respond to the letter within 14 days and to take
some type of action re: the actual software within 31 days.

You must understand that to get the ombudsman on your side you have to
act reasonably. One of the first things the Ombudsman will investigate
is what actions you have taken to have the aggrieved party (the ATO) fix
it themselves.

Furthermore, I would also get your housemate to write down the specific
law she refers to. Preferably, get her to write down a section of an
Act. If she can't, try to get her to cite a number of cases in a way
that a trained lawyer would be able to find them in a law library.

If you get a section of an Act, find out what body administers that act.
When you do, approach that body (eg the ACCC) and ask them specific
questions about specific situations. If you are unfortunate enough to
find that the Act has no tribunal such as the ACCC or OBCA or whoever to
administer it, then your only chance is litigation - all Acts can be
administered by the relevant court, the tribunals (eg the ACCC or OBCA)
essentially are in place to make the process easier.

This is to say, that if you discover that company X is breaking some
part of the Trade Practices Act, you can either:

* inform the ACCC who will investigate and possibly prosecute
* prosecute the company YOURSELF

I'd say if you can find a middle-man, such as the ACCC, deal with that
agency.

> Anyone like to offer their support/suggestions/comments?

****


The ATO Commissioner


Dear Sir

I commend your office's efforts to make it easier for all Australians to
lodge their tax return electronically. Nonetheless, I am disheartened
that your software will only work if I use Internet Explorer 5,
Microsoft Windows and the Microsoft Java Virtual Machine. Furthermore I
am unable to lodge my return electronically because of these
requirements.

I would like to find out if your office intends to release a platform
independent version of your software. You would be aware that the Java
Virtual Machine, originally developed by Sun, was created to address
cross platform computing issues. Clearly, requiring my use of Windows,
Internet Explorer 5 and the Microsoft Java Virtual Machine immediately
makes your software incompatible with any machine not running a version
of Windows. Furthermore, it even excludes those users who choose not to
use Internet Explorer but who do use Windows.

[OPTIONAL]
Furthermore are you aware that Section XYZ of the XYZ Act of Parliament,
passed in XTZ states XYZ and that your office may be in breach of this
section?
[END OPTIONAL]

I would appreciate a reply, in writing, within 14 days. Furthermore I am
willing to help you test a platform-independent version of your software
should one become available. 

Yours

XYZ

-- 
To the thirsty I shall give water without price
 From the fountain of the water of life
 He who conquers shall have his heritage
 And I will be his God and he shall be my son

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