PART 11
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TAX FILE NUMBERS
Division 3
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Quotation, use and transfer of holder's tax file number
SECTION 137
USE OF TAX FILE NUMBER FOR CERTAIN PURPOSES
137(1)
This section applies if a holder, or a person applying to become a holder, of an RSA quotes his or her tax file number to the RSA provider in connection with the operation or the possible future operation of this Act and the other Superannuation Acts.
History
S 137(1) amended by No 128 of 1999, s 3 and Sch 1 item 24, by substituting
"
other Superannuation
"
for
"
Surcharge
"
, effective 13 October 1999. For transitional and saving provisions, see the history note to s 3(1).
S 137(1) amended by No 71 of 1997.
137(2)
Obligation to record tax file number.
If the RSA provider does not already have a record of the tax file number, the RSA provider must, as soon as is reasonably practicable after the quotation, make a record of it.
137(3)
Obligation to retain and later destroy tax file number.
The RSA provider must:
(a)
retain the record until the time (the
last retention time
) at which:
(i)
if the person is, or becomes, a holder of an RSA
-
the person ceases to be a holder of an RSA provided by the RSA provider; or
(ii)
if not
-
the person ceases to be an applicant; and
(b)
unless the tax file number has also been provided for another purpose and is still required for that purpose
-
destroy the record as soon as is reasonably practicable after the last retention time.
137(4)
(Repealed by No 41 of 2011)
History
S 137(4) repealed by No 41 of 2011, s 3 and Sch 3 item 1, applicable to the use of tax file numbers on or after 1 July 2011, whether the tax file numbers were quoted before, on or after 1 July 2011. S 137(4) formerly read:
137(4)
Use of tax file numbers to locate amounts.
Subject to subsection (5), the RSA provider may use tax file numbers quoted to it as mentioned in subsection (1) in order to locate, in the records or accounts of the RSA provider, amounts held in RSAs provided by it.
137(5)
(Repealed by No 41 of 2011)
History
S 137(5) repealed by No 41 of 2011, s 3 and Sch 3 item 1, applicable to the use of tax file numbers on or after 1 July 2011, whether the tax file numbers were quoted before, on or after 1 July 2011. S 137(5) formerly read:
137(5)
Use of tax file numbers to identify RSAs held by a particular person.
If the RSA provider needs to identify the RSAs held by a particular person:
(a)
the RSA provider must first use information (other than tax file numbers) to identify the RSAs; and
(b)
the RSA provider may only use the tax file number quoted by the person to the RSA provider:
(i)
if the information referred to in paragraph (a) is insufficient to identify the RSAs; or
(ii)
to confirm the identification of the RSAs resulting from the use of the other information.
137(6)
Offence.
An RSA provider that intentionally or recklessly contravenes a requirement of this section commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
History
S 137(6) amended by No 31 of 2001, s 3 and Sch 1 item 152, by inserting the note at the end, effective 15 December 2001.