House of Representatives

Explanatory Memorandum

(Circulated by authority of The Special Minister of State The Hon Michael J. Young MP)

OUTLINE

The National Crime Authority (Miscellaneous Amendments) Bill 1985 (the Bill) which amends the National Crime Authority Act 1984, the Taxation Administration Act 1953 and the Income Tax Assessment Act 1936 has three principal purposes:

(1)

Part II - to amend the National Crime Authority Act 1984 to:

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provide a prescribed officer of an agency (including a court or a tribunal but excluding the Australian Taxation Office) with a discretion to comply with a request by the Authority for information and documents;

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to specifically exclude information and documents held under taxation secrecy provisions from the Authority's powers under section 20 of the Act (rather than by inclusion in the Schedule to the Principal Act); and

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to add certain secrecy provisions to the Schedule of provisions exempt from the Authority's power, under section 20 of the Act, to require information and documents from Commonwealth agencies.

(2)

Part III - to amend the Taxation Administration Act 1953 to introduce consolidated arrangements, extending to the various taxation legislation administered by the Commissioner of Taxation authorising the Commissioner to communicate taxation information to the Authority:

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for the purpose of a tax-related investigation; and

•

where the Authority is conducting a special investigation, on the order of a Federal Court Judge.

That is to extend the access arrangements set in place for information under the Income Tax Assessment Act 1936, to those taxation Acts within the meaning of the Taxation Administration Act 1953 definition of "taxation law"; vis, those taxation Acts currently listed in the Schedule to section 20 of the National Crime Authority Act 1984.

(3)

Part IV - to make amendments to the Income Tax Assessment Act 1936 consequential upon the consolidation in the Taxation Administration Act 1953 of arrangements for access by the Authority to taxation information.

The Bill will have minimal financial impact.