Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Ralph Willis, MP)Chapter 11 - Miscellaneous provisions
11.1 This chapter deals with a number of miscellaneous matters including:
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- treatment of partnerships and unincorporated associations;
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- delegation by the Minister for Finance;
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- the requirement for the Commisioner of Taxation to produce an annual report on the operations of this Bill;
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- the ability to make Regulations in relation to this Bill;
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- transitory arrangement for transfer from Consolidated Revenue Fund; and
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- issues relating to the use of tax file numbers.
Explanation of the provisions
Treatment of partnerships and unincorporated associations
11.2 Partnerships and unincorporated associations are not persons at law, but are deemed to be persons for the purposes of this Bill. Certain requirements are imposed relating to the obligations of partners in partnerships, and members and controlling officers of unincorporated associations.
11.3 An obligation incurred by the partnership or association is imposed on each partner or, in the case of unincorporated associations, its officers. The partners and the members of the association are jointly and serverally liable for the actions of the partnership or unincorporated association. Similarly, action may be taken against individual partners or officers for offences committed by the partnership or association. In this case it will be for the prosecution to prove that the defendant partners or members either aided or abetted etc or were knowingly concerned in the commission of the offence. [Clauses 86 to 91 of Part 12]
Delegation by the Minister for Finance
11.4 The Minister for Finance may delegate to an officer of the Department of Finance any or all of his or her powers under this Bill. This provision is for the purposes of administrative efficiency. [Clause 92 of Part 13]
11.5 At the end of each financial year the Commissioner of Taxation must prepare and give to the Minister a report on the operation of this Act during that year.
11.6 The Minister must then provide a copy of that report to the Parliament. [Clause 93 of Part 13]
11.7 The Minister shall be the Treasurer.
11.8 The Governor-General may make regulations for the purposes of this Bill. [Clause 94 of Part 13]
Transitional - transfers from the Consolidated Revenue Fund
11.9 The provision is made to enable the appropriation of the Consolidated Revenue Fund for the purposes of the Small Superannuation Accounts Bill 1995 until the enactment of the Financial Management and Accountability Bill 1995. [Clause 95 of Part 13]
11.10 An employee may quote his or her tax file number (TFN) either before or after an account is opened on his or her behalf. The employee may quote their TFN on his or her own initiative, or in response to a request by the Commissioner. [Clauses 78 and 79 of Part 10]