Data-matching Program (Assistance and Tax) Act 1990

PART 2 - DATA-MATCHING  

SECTION 10   SOURCE AGENCIES MAY USE RESULTS OF DATA PROGRAM  

10(1)    
Subject to subsection (2) and section 11 , a source agency may take action on the basis of information received by it under Step 1, 4 or 6 of a data matching cycle to:

(a) in the case of an assistance agency:

(ia) inform a person that he or she may be entitled to personal assistance; or

(ib) grant a claim for personal assistance; or

(i) cancel or suspend personal assistance being given to a person; or

(ii) reject a claim for personal assistance; or

(iii) change the rate or amount of personal assistance being given to, or claimed by, a person; or

(iv) recover an overpayment of personal assistance; or

(v) correct the personal identity data it holds in relation to personal assistance that is being given to, has been given to, or claimed by, a person; or

(b) in the case of the tax agency:

(i) issue an assessment or an amended assessment of tax; or

(ii) correct the personal identity data it holds in relation to a person; or

(c) investigate the possible commission of an offence.

10(1A)    
If the source agency is an assistance agency, then for the purposes of investigating further a discrepancy indicated in a data matching cycle under section 7, the source agency may quote a person's tax file number to the tax agency.

10(2)    
Where a source agency receives particular information under Step 1, 4 or 6 of a data matching cycle, the agency must destroy that particular information within 90 days of its receipt unless, within those days:

(a) the agency has considered that particular information and made a decision:

(i) to take action allowed by subsection (1) on the basis of that particular information; or

(ii) to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information; or

(b) the agency has, by using sampling procedures, identified that particular information as information that will form the basis for the agency:

(i) to take action allowed by subsection (1) on the basis of that particular information; or

(ii) to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information.

10(3)    
Subject to subsection (3A), a source agency must commence any action in relation to information it receives under subsection (1) within 12 months from the date that it receives the information from the matching agency.

10(3A)    

The Secretary of an assistance agency (other than the Human Services Department), the Chief Executive Centrelink, the Commissioner of Taxation or a Deputy Commissioner of Taxation may grant an extension or extensions of time for up to 12 months each of the 12 month period referred to in subsection (3).

10(3B)    
The power to grant an extension or extensions of time referred to in subsection (3A) must not, despite any other law, be delegated.

10(4)    
After the completion of action taken in accordance with subsection (1), a source agency must not retain any information obtained in the course of such action in a separate permanent register of individuals.

10(5)    

In this section:

sampling procedures
means sampling procedures established by the source agency in consultation with the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010 ).