National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 (89 of 2022)
Schedule 1 Amendments
Part 2 Consequential amendments
Taxation Administration Act 1953
203 After section 355-190 in Schedule 1
Insert:
355-192 Exception - on-disclosure in relation to National Anti-Corruption Commission Act 2022
(1) Section 355-155 does not apply if:
(a) the entity is the Inspector-General of Taxation; and
(b) the information was acquired by the Inspector-General of Taxation under the exception in subsection 355-65(1) operating in relation to item 5 in the table in subsection 355-65(5); and
(c) the record is made for, or the disclosure is to:
(i) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022); or
(ii) another staff member of the NACC (within the meaning of that Act); and
(d) the record or disclosure is:
(i) for the purposes of the National Anti-Corruption Commission Act 2022; and
(ii) in relation to a corruption issue (within the meaning of that Act) that relates to the Australian Taxation Office or the Inspector-General of Taxation.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
(2) Section 355-155 does not apply if:
(a) the entity is:
(i) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022); or
(ii) another staff member of the NACC (within the meaning of that Act); and
(b) the information was acquired by the entity under subsection (1) or this subsection; and
(c) the record or disclosure is for the purpose of performing a function or duty of the National Anti-Corruption Commissioner or another staff member of the NACC under the National Anti-Corruption Commission Act 2022.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.