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Introduced into the House of
Representatives on 11 October 2012
Portfolio: Treasury
Committee view
1.2
The committee seeks further information from the Treasurer on the relevant
safeguards for protecting personal information that may be disclosed through
the information-sharing provisions in the bill before forming a view on the
compatibility of the bill with the right to privacy in article 17 of the
International Covenant on Civil and Political Rights (ICCPR).
Purpose of the bill
1.3
This bill amends the Income Tax Assessment Act 1997, the Superannuation
(Government Co-contribution for Low Income Earners) Act 2003 and the Taxation
Administration Act 1953 to implement the Arrangement on Trans-Tasman
Retirement Savings Portability to enable Australians and New Zealanders to
transfer retirement savings between the two countries.
1.4
The Arrangement establishes a scheme to enable Australians and New
Zealanders to transfer their retirement savings when they move between
Australia and New Zealand, while preserving the integrity of the retirement
savings systems of both countries.
Compatibility with human rights
Freedom of movement, rights in work, and right to
non-discrimination
1.5
The statement of compatibility states that the bill engages and promotes
the right to freedom of movement in article 12 of the International Covenant on
Civil and Political Rights (ICCPR), the right to work and rights in work in
article 6 and 7 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) and the right to equality and non-discrimination in article
2(2) of ICESCR and article 26 of ICCPR.
1.6
The committee considers that the bill does not raise any concerns
with regard to these rights.
Right to privacy
1.7
The statement of compatibility also states that the bill engages and
promotes the right to privacy in article 17 of ICCPR because ‘the disclosure of
personal information and details of the member's superannuation benefits is
protected by transferring [the] trustee's obligations under the Anti-Money
Laundering and Counter-Terrorism Financing Act 2006, the Privacy Act
1988 and the National Privacy Principles under the Privacy Act'.
1.8
The committee notes that without further information, the assertion that
the provisions are consistent with these other laws is not sufficient to
demonstrate that the measures are fully consistent with the right to privacy in
article 17 of ICCPR.
1.9
The committee proposes to write to the Treasurer to seek further
information on the relevant safeguards for protecting personal information that
may be disclosed through the information-sharing provisions in the bill. The
committee also queries the claim in the statement of compatibility that the
bill promotes the right to privacy, when the provisions in question would
appear to limit the right instead.
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