Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023

(F2023L00436)

14 April 2023

Australian Securities and Investments Commission Act 2001; Taxation Administration Act 1953

1   Name

This instrument is the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023.

2   Commencement

 

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

   

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

15 April 2023

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

      

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3   Authority

This instrument is made under the following:

(a) the Australian Securities and Investments Commission Act 2001;

(b) the Taxation Administration Act 1953.

4   Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1   Amendments

Australian Securities and Investments Commission Regulations 2001

1   Regulation 8A

Renumber as regulation 8AB.

2   After regulation 8A

Insert:

8AC Commission may disclose confidential information to specified bodies or entities

For the purposes of subsection 127(5A) of the Act, the disclosure of information to a body or entity specified in column 1 of an item of the following table is an authorised use and disclosure of the information. However, if a purpose is specified in column 2 of that item, only a disclosure for that purpose is an authorised use and disclosure.

Specified body or entity

   

Item

Column 1

Body or Entity

Column 2

Purpose

1

An entity that:

(a) holds an office in, is employed in, or is performing services for, an agency or body in the Fraud Fusion Taskforce; and

(b) performs duties relating to a purpose of the Fraud Fusion Taskforce

A purpose of the Fraud Fusion Taskforce

3   In the appropriate position in Part 6

Insert:

Division 2 - Transitional matters relating to the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023

49 Disclosure of information to the Fraud Fusion Taskforce

Regulation 8AC, as inserted by Schedule 1 to the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023,applies in relation to disclosures of information made on or after the commencement of that Schedule (whether the information was obtained before, on or after that commencement).

4   Schedule 3 (note to Schedule heading)

Omit "regulation 8A", substitute "regulation 8AB".

Taxation Administration Regulations 2017

5   Section 67 (at the end of the table)

Add:

11

Fraud Fusion Taskforce

6   In the appropriate position in Part 7

Insert:

Division 5 - Transitional matters relating to the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023

76 Disclosure of information to the Fraud Fusion Taskforce

The amendment of section 67 of this instrument made by Schedule 1 to the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023 applies in relation to disclosures of information made on or after the commencement of that Schedule (whether the information was obtained before, on or after that commencement).