House of Representatives

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

Chapter 6 - Secrecy

Overview

6.1 Part6 of this Bill contains secrecy provisions.

Purpose of the provisions

6.2 The purpose of the provisions is to provide for:

•

secrecy provisions consistent with secrecy provisions applying to other Commonwealth authorities; and

•

recognised exceptions to those provisions.

[Clauses 31to39]

Persons to whom Part applies

6.3 Part6 applies to a person who is or has been:

•

the Commissioner of Taxation (the Commissioner), a Second Commissioner of Taxation or a Deputy Commissioner of Taxation;

•

an officer or employee of a branch of the Australian Public Service under the direct control of the Commissioner; or

•

in other cases, appointed or employed by, or a provider of services for the Commonwealth.

[subclause 31(1)]

6.4 A person to whom Part 6 applies must, if and when required by the Commissioner to do so, make an oath or declaration, in a manner and form set out in writing by the Commissioner to maintain secrecy in accordance with Part6. [subclauses 31(2) and(3)]

Information may be recorded or disclosed only for purposes of the Act

6.5 A person to whom Part6 applies must not:

•

make a record of any protected information; or

•

disclose directly or indirectly to a person any protected information about a third party,

unless the record is made, or the information is disclosed:

•

under or for the purposes of Superannuation (Unclaimed Money and Lost Members) Act 1999 (the Act); or

•

in performing a persons duties under or in relation to the Act. [Clause 32]

6.6 A person who commits a breach of secrecy is liable to a term of imprisonment of up to 2 years. [Clause 32]

Court may not require information or documents

6.7 A person to whom Part6 applies is not required:

•

to disclose protected information to a court; or

•

to produce a protected document in court,

except if it is necessary for the purposes of implementing the Act. [Clause 33]

Information may be disclosed to persons performing duties under Acts administered by the Commissioner

6.8 Part6 does not prohibit the Commissioner or an authorised person from disclosing any protected information to a person performing duties under legislation administered by the Commissioner for the purpose of enabling that person to perform the duties. [Clause 34]

Information may be disclosed to persons performing duties under the Act

6.9 Nothing in the Act or other legislation of which the Commissioner has general administration prohibits the Commissioner or an authorised person from disclosing any information to a person performing duties under the Act for the purpose of enabling that person to perform the duties [Clause 35] . The Commissioner may authorise a person who is an officer or employee under the Public Service Act 1922 to be an authorised officer for the purposes of the Act [Clause 45] .

Information may be disclosed to a court for the purposes of the Act

6.10 Nothing in the Act or other legislation of which the Commissioner has general administration, prohibits the Commissioner or an authorised person from:

•

disclosing to a court any information obtained under or for the purposes of the Act or other legislation of which the Commissioner has general administration; or

•

producing in court a document:

-

obtained; or

-

made under or for the purpose of the Act or the other legislation;

where it is necessary for the purposes of implementing the Act. [Clause 36]

Information may be disclosed with consent of the superannuation provider or individual

6.11 Part 6 does not prohibit the Commissioner or an authorised person from disclosing any protected information relating to:

•

the affairs of a superannuation provider or a trustee of a regulated exempt public sector superannuation scheme if the provider or trustee agrees in writing to disclose the information; or

•

an individual if the individual agrees in writing to the disclosure of the information.

[Clause 37]

Information may be disclosed to specified persons or bodies

6.12 The Commissioner or an authorised person is authorised to disclose information to:

•

the Australian Prudential Regulation Authority, for the purposes of the performance of any of its functions or the exercise of any of its powers;

•

the Minister, the Secretary to the Department, or an officer of the Department authorised by the Secretary to the Department for the purposes of Part6;

•

the Superannuation Complaints Tribunal for the purposes of the performance of any of its functions or the exercise of any of its powers;

•

the Australian Securities and Investments Commission for the purposes of the performance of any of its functions or the exercise of any of its powers;

•

a financial sector supervisory agency for the purposes of the performance of any of its functions or the exercise of any of its powers; or

•

the Australian Statistician or an officer of the Australian Bureau of Statistics, for purposes, limited to statistics, under the Census and Statistics Act 1905 .

[Clause 38]

Australian Bureau of Statistics to observe secrecy requirements

6.13 If information is disclosed to the Australian Statistician or an officer of the Australian Bureau of Statistics, that information or the information contained in the document, is treated as information given under the Census and Statistics Act 1905 . [Clause 39]