(1) A penalty is not payable under this Division where, in respect of the same act or omission, the person has been convicted of an offence under Division 1, or an offence has been compounded under section 83.
(2) If a penalty under this Division has been paid and the Comptroller institutes a prosecution proceeding under Division I in respect of the same act or omission, the Comptroller must refund the amount of the penalty paid; and that penalty is not payable unless the prosecution is withdrawn.
(3) Where good cause is shown, in writing, by the person liable to a penalty, the Comptroller may mitigate in whole or part any penalty payable.
(4) Penalties are assessed and collected following the same procedure for tax, as if the amount of penalty is tax due under this Act, and the penalties described in subsection (6) are assessed together with the tax to which they relate.
(5) A person dissatisfied with a decision of the Comptroller under subsection (3) may challenge the decision under Part 9 of this Act.
(6) In the case of a penalty which amount may be calculated by reference to the tax payable for a tax period, the time limit for assessing the penalty is the same as the limit for assessing the tax to which the penalty relates.
(7) In the case of penalties under this Division other than those described in subsection (6), the time limit for assessing a penalty under this Division is determined under section 74.