Bills Digest no. 96 2009–10
Tax Laws Amendment (Confidentiality of Taxpayer
Information) Bill 2009
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Concluding comments
Contact officer & copyright details
Passage history
|
Abbreviation
|
Definition
|
|
ATO
|
Australian Taxation
Office
|
|
ABS
|
Australian Bureau of
Statistics
|
|
ABN
|
Australian Business
Number
|
|
ABN Act
|
A New Tax System
(Australian Business Number Act) 1999
|
|
ACCC
|
Australian Competition and
Consumer Commission
|
|
APEC
|
Asia-Pacific Economic
Cooperation
|
|
APRA
|
Australian Prudential
Regulation Authority
|
|
ASIC
|
Australian Securities and
Investments Commission
|
|
ASIO
|
Australian Security
Intelligence Organisation
|
|
Commissioner
|
Commissioner of
Taxation
|
|
ITAA 1936
|
Income Tax Assessment
Act 1936
|
|
ITAA 1997
|
Income Tax Assessment
Act 1997
|
|
OECD
|
Organisation for Economic
Co-operation and Development
|
|
Privacy Act
|
Privacy Act
1988
|
|
SIS Act
|
Superannuation
Industry (Supervision) Act 1993
|
|
TAA 1953
|
Taxation
Administration Act 1953
|
|
TAS Act
|
Tax Agent Services Act
2009
|
|
TFN
|
tax file number
|
|
the Register
|
Australian Business
Register
|
|
the Review
|
Review of Taxation
Secrecy and Disclosure Provisions
|
Tax Laws
Amendment (Confidentiality of Taxpayer Information) Bill
2009
Date introduced: 19
November 2009
House: House of
Representatives
Portfolio: Treasury
Commencement: Schedules 1, 2, 3 (items 1 to 18), 4 and 5 commence
the day after Royal Assent. Item 19 of Schedule 3 commences on the
day after Royal Assent or at the same time as Part 1 of Schedule 1
to the Crimes Legislation (Serious and Organised Crime) Act
2009, whichever occurs later.[2]
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
The purpose of the Bill is to consolidate
and standardise the provisions applying to the recording and
disclosure of information about the tax affairs of an entity that
are currently spread over 18 taxation laws.[3] It provides a single framework in new
Division 355 in Schedule 1 to the Taxation Administration Act
1953 (TAA 1953) for the protection of taxation information,
and prohibits the disclosure of such information by taxation
officers and others except in certain specified circumstances.
The new framework does not cover the secrecy and disclosure
provisions in the Tax Agent Services Act 2009 and in the
A New Tax System (Australian Business Number) Act 1999
which remain unchanged. The existing regime relating to the
security of tax file numbers (TFNs) in Subdivision BA of Division 2
of Part III of the TAA 1953 is also not within the new
framework.
The Bill is the result of the Review of Taxation Secrecy and
Disclosure Provisions undertaken by Treasury in 2006.[4] The object of this review
was to investigate the potential for standardising the secrecy and
disclosure provisions and to enact them in a single piece of
legislation.
An Exposure Draft of the Bill was made available for public
comment in March 2009.[5] The acceptance of the recommendations of the Treasury
review by Government was announced by Chris Bowen MP (then
Assistant Treasurer and Minister for Competition Policy and
Consumer Policy), in a media release at the same time.[6]
The Bill has been referred to the Senate
Economics Committee for inquiry and report by 25 February 2010.
Details of the inquiry are at:
http://www.aph.gov.au/senate/committee/economics_ctte/tlab_confidentiality_09/info.htm
The initial Review of Taxation Secrecy and Disclosure Provisions
received 38 submissions. All of these submissions supported the
intent to consolidate taxation secrecy and disclosure provisions,
although some raised the following general concerns:
- taxpayer privacy should be the primary principle of the new
regime, weighed up against the public interest in the disclosure of
information (for example, to aid law enforcement)
- the inclusion of a consent principle could lead to a taxpayer
being pressured to give consent
- the Australian Taxation Office (ATO) should freely disclose
information which is publicly available elsewhere, without charging
for the cost of providing that information, and
- specific disclosure provisions that are currently working
should be maintained under the new framework.[7]
These concerns were incorporated into changes to the
legislation, which were presented in the exposure draft. The
exposure draft received an additional 12 submissions which raised
the following concerns:
- the circumstances in which taxpayer information could be
disclosed to Ministers of Parliament were becoming too broad
- the need for proposed disclosures of identifiable information
to Treasury for costing and analysis purposes was questionable
- only enabling the appointment of an ‘agent’ to
represent a taxpayer in dealings with the ATO limited other genuine
representatives such as family and friends from being able to
receive information on behalf of the taxpayer
- the definition of a ‘taxation officer’ was too
broad and could be extended to such positions as contractors
performing services for the ATO.[8]
A report in the Australian Financial Review in May 2009
raised similar concerns about the extent to which Ministers could
access confidential taxpayer information and potentially exploit
the rules. In particular, Taxation Institute of Australia president
Joan Roberts is quoted as supporting the consolidation of the laws
but stating that disclosure should be permitted in specified
circumstances where the public benefit outweighs the particular
taxpayer’s privacy interests.
‘Disclosure to a
parliamentary committee should only be permitted where the relevant
committee compels the provision of that information and only in
circumstances where that information will subsequently be afforded
parliamentary privilege,’ Ms Roberts said.
‘The Taxation Institute does not support the proposed
permitting of disclosure to the Australian Securities and
Investments Commission for the purpose of enforcing laws imposing
pecuniary penalties or creating an offence.’[9]
These concerns have been addressed at varying levels by the
current Bill.
Submissions to the current Senate Economics Committee inquiry
into the Bill included the following comments:
- considerations as to whether certain disclosures should be made
in relation to a serious threat, could also include
‘proximity in time’ as a factor[10]
- the term ‘publicly available information’ should be
defined within the legislation,[11] and
- the effect of the Bill on the relationship between the
Commonwealth Ombudsman, the ATO and taxpayers should be looked at
to make sure it is not made more difficult by the provisions in the
Bill.[12]
The Explanatory Memorandum to the Bill states that the financial
impact is nil.[13]
Item 1 of Schedule 1 to the
Bill repeals Division 355 of the TAA 1953 and substitutes
proposed Division 355 titled
Confidentiality of taxpayer information.
Proposed Division 355 replaces the myriad of
provisions in 18 taxation laws with a single framework for the
confidentiality of taxpayer information. It contains five
subdivisions which are summarised below.
Proposed subdivision 355-A outlines the objects
of the single framework, and the persons to whom it applies, namely
taxation officers and others who acquire or have acquired protected
tax information (proposed sections 355-10 and
355-15).
Proposed section 355-10 states that the objects
of the proposed Division are:
(a) to protect
the confidentiality of taxpayers’ affairs by imposing strict
obligations on taxation officers (and others who acquire protected
tax information), and so encourage taxpayers to provide correct
information to the Commissioner [of Taxation]; and
(b) to facilitate efficient and effective government
administration and law enforcement by allowing disclosures of
protected tax information for specific, appropriate purposes.
Proposed subdivision 355-B contains the main
provisions for the protection of taxpayer confidentiality. It is an
offence for taxation officers to make a record of or disclose
protected tax information that identifies an entity, or is
reasonably capable of being used to identify an entity
(proposed section 355-25).[14]
The offence carries a maximum penalty of two years’
imprisonment.
Disclosure is permitted in certain specified circumstances,
being:
- disclosure of publicly available information (proposed
section 355-40)
- disclosure in performing duties (proposed section
355-50)
- disclosure to Ministers and committees of Parliament
(proposed section 355-55)
- disclosure for other government purposes (proposed
section 355-65), and
- disclosure for law enforcement and related purposes (
proposed section 355-70).
There are also limits on:
- disclosure to courts and tribunals (proposed section
355-75), and
- disclosure to Ministers and Parliament (proposed
section 355-60).
Proposed subdivision 355-C contains provisions
to protect taxpayer information in the possession of persons other
than taxation officers. It is an offence for such persons to make a
record of or disclose information except in certain specified
circumstances (proposed section 355-155).
Specifically, proposed subsection 355-155
provides that an entity commits an offence if:
- the entity:
- makes a record
of information, or
- discloses such
information to another entity (other than the entity to whom the
information relates or that entity’s agent in relation to the
information) or to a court or tribunal, and
- the information was acquired by the first-mentioned entity
under an exception in Subdivision 355-B or 355-C, and
- the first-mentioned entity did not acquire the information as a
taxation officer.
The offence carries a maximum penalty of two years’
imprisonment.
Proposed section 355-155 does not apply where
the disclosure involves:
- disclosure of publicly available information (proposed
section 355-170)
- disclosure for original purpose (that is, the information was
originally disclosed under an exception in Subdivision 355-B)
(proposed section 355-175)
- disclosure to Ministers in relation to statutory powers or
functions (proposed section 355-180)
- disclosure in relation to Inspector-General of Intelligence and
Security (IGIS) (proposed section 355-185)
- disclosure in relation to Australian Security Intelligence
Organisation (ASIO) (proposed section
355-190)
- disclosure by Royal Commission (proposed section
355-195), and
- records made in compliance with Australian laws
(proposed section 355-200).
There are also limits on:
- disclosure to courts and tribunals (proposed section
355-205), and
- disclosure to Ministers and Parliament (proposed
section 355-210).
Under proposed section 355-265 in Subdivision
355-D, it is an offence to make a record or disclose protected
information acquired in breach of a taxation law except in certain
specified circumstances.
Specifically, proposed section 355-265 provides
that an entity commits an offence if:
- the entity
- makes a record of
information, or
- discloses such
information to another entity (other than the entity to whom the
information relates or that entity’s agent in relation to the
information or to a court or tribunal, and
- the information is protected information, and
- the information was acquired by the entity in breach of a
provision of a taxation law (including this provision), and
- the information was not acquired by the entity as a taxation
officer.
The offence carries a maximum penalty of two years’
imprisonment.
Proposed section 355-265 does not apply in
relation to:
- disclosure of publicly available information (proposed
section 355-270), and
- disclosure in relation to or in compliance with a taxation law
(proposed section 355-275).
There are also limits on disclosure to courts and tribunals
(proposed section 355-280). That is, where an
entity acquires protected information under the proposed
Subdivision, the entity is not to be required to disclose the
information to a court or tribunal ‘except where it is
necessary to do so for the purpose of carrying into effect the
provisions of a taxation law’.
The other matters dealt with in proposed
Subdivision 355-Eare:
- giving the Commissioner the authority to require a taxation
officer to make an oath or affirmation to protect information in
accordance with Division 355 (proposed section
355-325), and
- giving power to the Federal Court of Australia to grant an
injunction restraining an entity from engaging in conduct that
would constitute an offence against Division 355 (proposed
section 355-330).
Item 2 of Part 2 of
Schedule 1 provides that the amendments made by
Schedule 1 apply to records and disclosures of
information made on or after the commencement of this Schedule.
Item 2 of the table in clause 2 of the Bill
provides that Schedule 1 will commence on the day
after this Act receives the Royal Assent.
This part of the Bills Digest will briefly consider certain
definitions and common features of the offences dealt with in
proposed Division 355. It was seen from the
outline of Division 355 given above that that there are three
offence provisions in proposed Subdivisions 355-B,
355-C and 355-D.
Proposed subsection 355-30(1) of
Subdivision 355-B states that ‘protected
information’ means information that:
(a) was disclosed or obtained
under or for the purposes of a law that was a taxation law (other
than the Tax Agent Services Act 2009) when the information
was disclosed or obtained; and
(b) relates to the affairs of an
entity; and
(c) identifies or is
reasonably capable of being used to identify, the entity.
The Explanatory Memorandum in paragraphs 1.24 to 1.26 explains
that it has been decided to make ATO officers provided by the
Commissioner to assist the Tax Practitioners Board subject to the
secrecy provisions contained in that Tax Agent Services Act
2009 rather than the single framework proposed in this
Bill.
A note to proposed subsection 355-30(1) states
that tax file numbers do not constitute protected information
because ‘they are not by themselves, reasonably capable of
being used to identify an entity’. The offences regime
relating to tax file numbers is in Subdivision BA of Division 2 of
Part III of the TAA 1953 and will continue to apply.
‘Taxation law’ is
defined in subsection 995-1(1) of the Income Tax Assessment Act
1997 (ITAA 1997) as:
- an Act of which the Commissioner has the general administration
(including a part of an Act to the extent to which the Commissioner
has the general administration of the Act), or
- regulations made under such an Act, including a part of an
Act.
Item 50 of Schedule 2 of the
Bill amends this definition of taxation law by omitting
‘regulations’ and substituting ‘legislative
instruments made’ in this definition.
Proposed subsection 355-30(2) states that
‘taxation officer’ means:
- the Commissioner or a Second Commissioner of Taxation, or
- an individual appointed or engaged under the Public Service
Act 1999 and performing duties in the Australian Taxation
Office.
Thus statutory officers created by a taxation law, as well as
public servants working in the ATO, are included in the definition
of ‘taxation officer’. The definition also would
include public servants from other departments who may be working
within the ATO for a limited period of time.
Proposed paragraphs 355-25(1)(a) and
(d) make it an offence for a former taxation
officer to disclose protected information. This prohibition applies
to all categories of former statutory officers and public servants
who may have been included in the definition of ‘taxation
officer’.
A note to proposed subsection 355-30(2) states
that Division 355 applies to certain other entities as if they were
taxation officers. These entities are considered in the following
paragraph.
Proposed section 355-15 deals with the
application of Division 355 and states that it applies to the
following entities in the same way as it applies in relation to
taxation officers:
(a) an entity engaged to provide services
relating to the Australian Taxation Office;
(b) an individual employed by, or otherwise
performing services for, an entity referred to in
paragraph (a);
(c) an individual:
(i) appointed or employed by, or
performing services for, the Commonwealth or an authority of the
Commonwealth; and
(ii) performing functions or exercising powers under
or for the purposes of a taxation law.
The Explanatory Memorandum states that the use of the term
‘entity’ in the definition of the offence under
proposed section 355-25 is intended to give the
offence a wide coverage. At paragraph 3.13 on page 23 it
states:
The use of the term ‘entity’ is intended to ensure
that the application of the offence provisions is as wide as
possible. Whilst the offence provision will generally be directed
at the individual offender, the entity that the individual is
employed or contracted by or otherwise associated with may be
prosecuted where the individual’s actions were at the behest
of that other entity.
Proposed subsection 355-20 states that the main
protection for taxpayer confidentiality is in Subdivision 355-B. As
mentioned, it is an offence for taxation officers to disclose tax
information that identifies an entity, or is reasonably capable of
being used to identify an entity, except in certain specified
circumstances. This Bills Digest now will briefly outline the
elements of this offence and the specified exceptions.
Proposed subsection 355-25(1) provides that an
entity commits an offence if:
- the entity is or was a taxation officer, and
- the entity makes
a record of information, or
- discloses such
information to another entity (other than the entity to whom the
information relates or an entity covered by proposed
subsection 355-25(2)) or to a court or tribunal, and
- the information so disclosed is protected information, and
- the information was acquired by the entity as a taxation
officer.
The offence carries a maximum penalty of two years’
imprisonment.
It was seen above that the offence of disclosure of protected
information by taxation officers excludes information disclosed by
a taxation officer to an entity to whom the information relates or
to an entity covered by proposed subsection
355-25(2).
To enable information in relation to a taxpayer to be disclosed
to a representative of a taxpayer, proposed subsection
355-25(2) lists the following categories of entities
covered by the provision (covered entities) in relation to
protected information that relates to another entity (the primary
entity):
- registered tax agents and BAS agents
-
where the covered entity is the primary entity’s registered
tax agent or BAS agent (proposed paragraph
355-25(2)(a)). This enables a registered tax agent or BAS
agent to receive protected information from a taxation officer on
behalf of his or her clients
-
where the covered entity is a legal practitioner such as a
solicitor or barrister representing the primary entity in relation
to the primary entity’s tax affairs (proposed
paragraph 355-25(2)(b))
-
where the primary entity is an ‘incapacitated entity’
and the covered entity is a representative of the incapacitated
entity under proposed paragraph 355-25(2)(c). Thus
an insolvency practitioner such as a trustee in bankruptcy, a
liquidator, a voluntary administrator, a receiver or an
administrator of a deed of company arrangement may access and
receive protected information from a taxation officer for
performing the function of a representative
- legal personal representatives and guardians
-
where the covered entity is a legal personal representative of the
primary entity under proposed paragraph
355-25(2)(d). A ‘legal personal
representative’ is defined in section 995-1 of the ITAA 1997
to mean:
(a) an executor or administrator of an estate
of a person who has died; or
(b) a trustee of an estate of a person who is under
a legal disability; or
(c) a person who holds a general power of
attorney that was granted by another person
-
proposed paragraph 355-25(2)(e) also enables a
minor to be legally represented by a guardian and access
information from a taxation officer
- consolidated and multiple entry consolidated groups
-
wholly-owned groups of companies can consolidate and be treated as
a single entity under current tax law. The single framework
recognises that each entity in a consolidated (multiple entity
consolidated (MEC) group) can nominate each other as a
representative with the ATO. Effect is given to it by
proposed paragraph 355-25(2)(f)
- representatives nominated by the taxpayer in the approved
form
-
proposed paragraph 355-25(2)(g) permits a taxpayer
to nominate any person in the approved form to make representations
on their behalf with the ATO.
The exceptions to the offences in Subdivisions 355-B, 355-C and
355-D were briefly listed above. It is not within the scope of the
Bills Digest to give details of the various exceptions. However,
brief comments will be made below on aspects of the disclosure to
Ministers and committees of Parliament. For further information on
the other exceptions, the reader is referred to the following
Chapters of the Explanatory Memorandum for detailed explanations
with examples:
- General qualifications on disclosure provisions – Chapter
4, pages 33 to 40
- Authorised disclosures by taxation officers – Chapter 5,
pages 41 to 68, and
- Authorised on-disclosures by recipients of taxpayer information
– Chaper 6, pages 69 to 77.
Proposed subsection 355-55(1) in Subdivision
355-B provides that disclosure to Ministers and committees of
Parliament is permitted by a taxation officer if the records
disclosed are specifically listed in the table therein.
Proposed subsection 355-55(2) gives the
circumstances when disclosures could be made to committees of
Parliament.
Proposed section 355-60 sets the limits on the
disclosures that can be made by a taxation officer to Ministers and
Parliament.
A taxation officer may only disclose taxpayer information to
Ministers, Parliament and committees when provision is made under
the law. Such provision in proposed section 355-55
includes:
- when a Minister needs the information to exercise a power or
perform a function under taxation law
- when a taxpayer is writing to a Minister to request direct
assistance
- when the information is to inform a decision the Treasurer
makes about the Compensation for Detriment Caused by Defective
Administration scheme
- when the information is to inform the Finance Minister when
considering making an act of grace payment or waiving debts owed to
the Commonwealth
- when the information is to inform Prime Minister or Cabinet on
decisions regarding ex gratia payments, or
- when the information is being provided to a committee in
camera.[15]
According to proposed section 355-60, the
information a taxation officer can supply to Ministers and
Parliament is limited to those provided for in proposed
section 355-55. For example, even if a taxation officer
wishes to disclose information in the performance of his or her
duties as a taxation officer (under proposed section
355-50), it is an offence for that taxation officer to
disclose the information to a Minister or Parliament unless it can
be made under the instances explicitly authorised by
proposed section 355-55.[16]
Proposed subsection 355-180 of Subdivision
355-C provides on-disclosure to Ministers in relation to the
exercise of statutory powers or functions where that on-disclosure
is to enable the Minister to exercise that power or perform the
function.[17]
Most of the consequential amendments in Schedule
2 repeal the existing taxation secrecy and disclosure
provisions in the 18 taxation laws listed in Attachment A to this
Bills Digest and make the new Division 355 of Schedule 1 of the
Taxation Administration Act 1953, namely, the new
framework, applicable to these taxation laws.
Item 123 of Schedule 2
provides that the secrecy and disclosure provisions of taxpayer
information in the Bill apply from the day after the Act receives
Royal Assent, regardless of when that information was
obtained.[18]
The amendments in Schedule 3 include updating
the Dictionary provisions in subsection 995-1(1) of the ITAA 1997
with consequential repeal of the definitions of the same terms in
the ITAA 1936. It also inserts certain new definitions into the TAA
1953.
Item 3 of the table in subclause
2(1) provides that these changes commence on the day after
Royal Assent.
Item 1 of Schedule 4 repeals
the A New Tax System (Bonuses for Older Australians) Act
1999.
The Explanatory Memorandum in paragraph 7.20 at page 82 states
that it is being repealed as it has no ongoing impact.
Item 5 of subclause 2(1) of
the Bill provides that Schedule 4 shall commence
the day after Royal Assent.
This Schedule provides for the making of regulations to ensure a
smooth transition to the new framework.
Item 5 of subclause 2(1) of
the Bill provides that this Schedule commences on the day after
Royal Assent.
Concluding comments
The new framework proposed in Division 355 of Schedule 1 of the
Taxation Administration Act 1953 will provide overarching
protection for taxpayer information in a uniform manner. As
mentioned above, the secrecy and disclosure provisions in the
Tax Agent Services Act 2009 and the provisions relating to
the security of tax file numbers (TFNs) in Subdivision BA of
Division 2 of Part III of the TAA 1953, are outside the new
framework. The administration of all these provisions will be the
responsibility of the Commissioner of Taxation.
In addition, personal information, which includes taxpayer
information, may also be protected by other legislation such as the
Privacy Act 1988 (the Privacy Act) and is the
responsibility of the Office of the Privacy Commissioner.
The Explanatory Memorandum to the Bill points out in paragraph
1.31 on pages 11 and 12 that there is a number of non-taxation Acts
that effectively override the secrecy and disclosure provisions
contained in the new framework, and permit other Commonwealth
entities such as the Auditor-General to obtain taxpayer
information, or access such information, in certain clearly defined
circumstances.
They include:
- sections 32 and 33 of the Auditor-General Act
1997
- section 15 of the Inspector-General of Taxation Act
2003
- section 9 of the Ombudsman Act 1976
- section 44 of the Privacy Act
- Schedule 6 to the Anti-Terrorism Act (No. 2) 2005,
and
- the power of Parliament to compel the production of information
under the Parliamentary Privileges Act 1987 (though note
that the new framework does limit the application of Parliamentary
privilege).
If a taxation officer or another entity in receipt of taxpayer
information is compelled to provide taxpayer information under
these provisions, they cannot be prosecuted for any offence
contained in proposed Division 355 of the TAA
1953.
|
Name of Act
|
Current Law/ New Law
|
New Law/ Current
Law
|
|
Excise Act 1901
|
Table 8.1, p. 86
|
Table 8.19, p. 97
|
|
First Home Saver Accounts Act 2008
|
Table 8.2, p. 86
|
Table 8.20, p. 97
|
|
Fringe Benefits Tax Assessment Act 1986
|
Table 8.3, p. 87
|
Table 8.21, p. 98
|
|
Income Tax Assessment Act 1936
|
Table 8.4, p. 87
|
Table 8.22, p. 98
|
|
Income Tax Assessment Act 1997
|
Table 8.5, p. 88
|
Table 8.23, p. 99
|
|
International Tax Agreements Act 1953
|
Table 8.6, p. 88
|
Table 8.24, p. 99
|
|
Petroleum Resource Rent Tax Assessment Act
1987
|
Table 8.7, p. 89
|
Table 8.25, p. 100
|
|
Product Grants and Benefits Administration Act
2000
|
Table 8.8, p. 89
|
Table 8.26, p. 100
|
|
Superannuation Contributions Tax (Assessment and
Collection) Act 1997
|
Table 8.9, p. 90
|
Table 8.27, p. 101
|
|
Superannuation Contributions Tax (Members of
Constitutionally Protected Superannuation Funds) Assessment and
Collection Act 1997
|
Table 8.10, p. 90
|
Table 8.28, p. 101
|
|
Superannuation (Government Co-contributions for
Low Income Earners) Act 2003
|
Table 8.11, p. 90
|
Table 8.29, p. 101
|
|
Superannuation Guarantee (Administration) Act
1992
|
Table 8.12, p. 91
|
Table 8.30, p. 102
|
|
Superannuation Industry (Supervision) Act
1993
|
Table 8.13, p. 91
|
Table 8.31, p. 102
|
|
Superannuation (Unclaimed Money and Lost Members)
Act 1999
|
Table 8.14, p. 92
|
Table 8.32, p. 103
|
|
Taxation Administration Act 1953
|
Table 8.15, p. 92
|
Table 8.33, p. 103
|
|
Taxation (Interest on Overpayments and Early
Payments) Act 1953
|
Table 8.16, p. 96
|
Table 8.34, p. 107
|
|
Termination Payments Tax (Assessment and
Collection) Act 1997
|
Table 8.17, p. 96
|
Table 8.35, p. 107
|
|
A New Tax System (Bonuses for older Australians)
Act 1999
|
Table 8.18, p. 96
|
Table 8.36, p. 107
|
Source: Parliamentary Library
Notes to Attachment A:
1. This table lists in the first
column the 18 taxation laws which will come within the new
framework and become subject to the confidentiality obligations and
exceptions in proposed Division 355 of Schedule 1 of the
Taxation Administration Act 1953.
2. The second column gives the
reference to the table in the Explanatory Memorandum in Chapter 8
(pp. 85–96) to trace the new law from the current law in each
of these taxation laws.
3. The third column gives the
reference to the table in the Explanatory Memorandum in Chapter 8
(pp. 97–107) to trace the current law from the new law for
each of these taxation laws.
Members, Senators and Parliamentary staff can obtain further
information from the Parliamentary Library on (02) 6277 6277
2469.
Bernard Pulle and Paige Darby
3 February 2010
Bills Digest Service
Parliamentary Library
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