Taxation Laws Amendment Act (No. 2) 1996 (76 of 1996)

Schedule 4   Tax file numbers

Part 1   Superannuation Industry (Supervision) Act 1993

15   After Part 25

Insert:

Part 25A-Tax file numbers

Division 1-Quotation of employee's tax file number

299A Employee may quote to employer

An employee may quote his or her tax file number to his or her employer in connection with the operation or the possible future operation of this Act.

Note: Section 299P sets out the method of quoting.

299B Employer may inform trustee of tax file number

If:

(a) either:

(i) before the commencement of this section, an employer made a contribution to an eligible superannuation entity or a regulated exempt public sector superannuation scheme for the benefit of an employee; or

(ii) after the commencement of this section, an employer makes such a contribution; and

(b) after the commencement of this section, the employee quotes or first quotes his or her tax file number to the employer in connection with the operation or the possible future operation of this Act;

the employer may inform the trustee of the entity or scheme, as the case may be, of the employee's tax file number.

299C Employer must inform trustee of tax file number

(1) If:

(a) after the commencement of this section, an employee quotes or first quotes his or her tax file number to his or her employer in connection with the operation or the possible future operation of this Act; and

(b) after the employee quotes or first quotes the tax file number, the employer makes a contribution to an eligible superannuation entity for the benefit of the employee; and

(c) the employer has not previously informed the trustee of the entity of the employee's tax file number;

the employer must inform the trustee of the entity of the employee's tax file number before the required time (see subsection (2)).

(2) The required time is:

(a) if the quotation or first quotation of the tax file number takes place more than 14 days before the employer makes the contribution-the end of the day on which the employer makes the contribution; or

(b) in any other case-the end of the 14th day after the day on which the quotation or first quotation of the tax file number takes place.

(3) If the employer intentionally or recklessly contravenes subsection (1), the employer is guilty of an offence punishable on conviction by a fine not exceeding 10 penalty units.

Division 2-Quotation, use and transfer of beneficiary's tax file number

299D Eligible superannuation entity or regulated exempt public sector superannuation scheme beneficiary, or applicant, may quote tax file number

A beneficiary, or an applicant to become a beneficiary, of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme may quote his or her tax file number to the trustee of the entity or scheme in connection with the operation or the possible future operation of this Act.

Note: Section 299P sets out the method of quoting.

299E Trustee may request beneficiary's or applicant's tax file number

(1) The trustee of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme may, at any time, request, in a manner approved by the Commissioner, a beneficiary, or an applicant to become a beneficiary, of the entity or scheme to quote his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act.

No obligation to quote tax file number

(2) If the trustee requests a beneficiary or applicant to quote his or her tax file number to the trustee, the beneficiary or applicant is not obliged to comply with the request.

299F Trustee must request person who is beneficiary at commencement to quote tax file number

(1) Subject to subsection (3), if:

(a) a person is a beneficiary of an eligible superannuation entity at the commencement of this section; and

(b) the person is not taken by section 299S or 299T to have quoted his or her tax file number to the trustee at or before that commencement;

the trustee must, before the required time (see subsection (2)) in relation to the beneficiary, request, in a manner approved by the Commissioner, the person to quote his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act.

Required time

(2) The required time in relation to a beneficiary is the end of the 7th day after the day that is the starting day in relation to the beneficiary.

Exception

(3) The trustee is not required to make the request if, before the trustee makes the request, and before the required time, the person quotes his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act.

Offence

(4) If the trustee intentionally or recklessly contravenes the requirement to make the request, the trustee is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

No obligation to quote tax file number

(5) If the trustee requests the person to quote his or her tax file number to the trustee, the person is not obliged to comply with the request.

Starting day-trustee required to give information to beneficiary

(6) The starting day, in relation to a beneficiary of an eligible superannuation entity the trustee of which is required under Subdivision 2.4.2 or 2.4.3 of Division 2.4 of Part 2 of the Superannuation Industry (Supervision) Regulations to give information to the beneficiary, is the earlier of:

(a) the day referred to in whichever of the following subparagraphs is applicable:

(i) if the trustee chooses to act under this subparagraph in relation to the beneficiary-the day on which the information referred to in Subdivision 2.4.2 of Division 2.4 of Part 2 of those Regulations is first given to the beneficiary on or after the day on which this section commences;

(ii) if the trustee chooses to act under this subparagraph in relation to the beneficiary-the day on which the information referred to in Subdivision 2.4.3 of Division 2.4 of Part 2 of those Regulations is first given to the beneficiary on or after the day on which this section commences;

(iii) if the trustee does not choose to act under subparagraph (i) or (ii) in relation to the beneficiary-the day on which information referred to in either of those Subdivisions is first given to the beneficiary on or after the day on which this section commences; or

(b) the last day of the period of one year beginning on the day on which this section commences.

Starting day-trustee not required to give information to beneficiary

(7) The starting day, in relation to a beneficiary of an eligible superannuation entity the trustee of which is not required, under Subdivision 2.4.2 or 2.4.3 of Division 2.4 of Part 2 of the Superannuation Industry (Supervision) Regulations to give information to the beneficiary, is the day on which this section commences.

299G Trustee must request person becoming beneficiary after commencement to quote tax file number

(1) Subject to subsection (3), if:

(a) a person becomes a beneficiary of an eligible superannuation entity after the commencement of this section; and

(b) the person has not quoted his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act, by the time he or she becomes a beneficiary;

the trustee must, before the required time (see subsection (2)), request, in a manner approved by the Commissioner, the person to quote his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act.

Required time

(2) The required time is the end of the 7th day after the day on which the person becomes a beneficiary.

Exception

(3) The trustee is not required to make the request if, before the trustee makes the request, and before the required time, the person quotes his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act.

Offence

(4) If the trustee intentionally or recklessly contravenes the requirement to make the request, the trustee is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

No obligation to quote tax file number

(5) If the trustee requests the person to quote his or her tax file number to the trustee, the person is not obliged to comply with the request.

299H Use of tax file number for certain purposes-beneficiaries of eligible superannuation entities

(1) This section applies if a person who is a beneficiary of an eligible superannuation entity quotes his or her tax file number to the trustee of the entity in connection with the operation or the possible future operation of this Act.

Obligation to record tax file number

(2) If the trustee does not already have a record of the tax file number, the trustee must, as soon as is reasonably practicable after the quotation, make a record of it.

Obligation to retain and later destroy tax file number

(3) The trustee must:

(a) retain the record until the person ceases to be a beneficiary of the entity; and

(b) destroy the record as soon as is reasonably practicable after the person ceases to be a beneficiary of the entity.

Use of tax file numbers to locate amounts

(4) Subject to subsection (5), the trustee may use tax file numbers quoted to the trustee as mentioned in subsection (1) in order to locate, in the records or accounts of the entity, amounts held for the benefit of persons.

Use of tax file number to identify amounts held for the benefit of a particular person

(5) If the trustee needs to identify the amounts held for the benefit of a particular person:

(a) the trustee must first use information (other than tax file numbers) to identify the amounts; and

(b) the trustee may only use the tax file number quoted by the person to the trustee:

(i) if the information referred to in paragraph (a) is insufficient to identify the amounts; or

(ii) to confirm the identification of the amounts resulting from the use of the other information.

Offence

(6) A trustee who intentionally or recklessly contravenes a requirement of this section is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

299J Use of tax file number for certain purposes-beneficiaries of regulated exempt public sector superannuation scheme

(1) This section applies if a person who is a beneficiary of a regulated exempt public sector superannuation scheme quotes his or her tax file number to the trustee of the scheme in connection with the operation or the possible future operation of this Act.

Trustee may record tax file number

(2) If the trustee does not already have a record of the tax file number, the trustee may make a record of it.

Obligation to retain and later destroy tax file number

(3) The trustee must:

(a) retain the record until the person ceases to be a beneficiary of the scheme; and

(b) destroy the record as soon as is reasonably practicable after the person ceases to be a beneficiary of the scheme.

Use of tax file numbers to locate amounts

(4) Subject to subsection (5), the trustee may use tax file numbers quoted to the trustee as mentioned in subsection (1) in order to locate, in the records or accounts of the scheme, amounts held for the benefit of persons.

Use of tax file numbers to identify amounts held for the benefit of a particular person

(5) If the trustee needs to identify the amounts held for the benefit of a particular person:

(a) the trustee must first use information (other than tax file numbers) to identify the amounts; and

(b) the trustee may only use the tax file number quoted by the person to the trustee:

(i) if the information referred to in paragraph (a) is insufficient to identify the amounts; or

(ii) to confirm the identification of the amounts resulting from the use of the other information.

Offence

(6) A trustee who intentionally or recklessly contravenes a requirement of this section is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

299K Use of tax file number for certain purposes-applicants to become beneficiaries of eligible superannuation entities

(1) This section applies if a person who is an applicant to become a beneficiary of an eligible superannuation entity quotes his or her tax file number to the trustee of the entity in connection with the operation or the possible future operation of this Act.

Obligation to record tax file number

(2) If the trustee does not already have a record of the tax file number, the trustee must, as soon as is reasonably practicable after the quotation, make a record of it.

Obligation to retain and later destroy tax file number

(3) The trustee must:

(a) retain the record until the time (the last retention time) at which:

(i) if the person becomes a beneficiary of the entity-the person ceases to be a beneficiary of the entity; or

(ii) if not-the person ceases to be an applicant; and

(b) destroy the record as soon as is reasonably practicable after the last retention time.

Use of tax file numbers to locate amounts

(4) Subject to subsection (5), the trustee may use tax file numbers quoted to the trustee as mentioned in subsection (1) in order to locate, in the records or accounts of the entity, amounts held for the benefit of persons.

Use of tax file numbers to identify amounts held for the benefit of a particular person

(5) If the trustee needs to identify the amounts held for the benefit of a particular person:

(a) the trustee must first use information (other than tax file numbers) to identify the amounts; and

(b) the trustee may only use the tax file number quoted by the person to the trustee:

(i) if the information referred to in paragraph (a) is insufficient to identify the amounts; or

(ii) to confirm the identification of the amounts resulting from the use of the other information.

Offence

(6) A trustee who intentionally or recklessly contravenes a requirement of this section is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

299L Use of tax file number for certain purposes-applicants to become beneficiaries of regulated exempt public sector superannuation schemes

(1) This section applies if a person who is an applicant to become a beneficiary of a regulated exempt public sector superannuation scheme quotes his or her tax file number to the trustee of the scheme in connection with the operation or the possible future operation of this Act.

Trustee may record tax file number

(2) If the trustee does not already have a record of the tax file number, the trustee may make a record of it.

Obligation to retain and later destroy tax file number

(3) The trustee must:

(a) retain the record until the time (the last retention time) at which:

(i) if the person becomes a beneficiary of the scheme-the person ceases to be a beneficiary of the scheme; or

(ii) if not-the person ceases to be an applicant; and

(b) destroy the record as soon as is reasonably practicable after the last retention time.

Use of tax file numbers to locate amounts

(4) Subject to subsection (5), the trustee may use tax file numbers quoted to the trustee as mentioned in subsection (1) in order to locate, in the records or accounts of the scheme, amounts held for the benefit of persons.

Use of tax file numbers to identify amounts held for the benefit of a particular person

(5) If the trustee needs to identify the amounts held for the benefit of a particular person:

(a) the trustee must first use information (other than tax file numbers) to identify the amounts; and

(b) the trustee may only use the tax file number quoted by the person to the trustee:

(i) if the information referred to in paragraph (a) is insufficient to identify the amounts; or

(ii) to confirm the identification of the amounts resulting from the use of the other information.

Offence

(6) A trustee who intentionally or recklessly contravenes a requirement of this section is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

299M Trustee of eligible superannuation entity must inform other trustee of tax file number for certain purposes

(1) This section applies if:

(a) there is an amount in an eligible superannuation entity for the benefit of a beneficiary; and

(b) the beneficiary has quoted (whether as a beneficiary or applicant) his or her tax file number to the trustee of the entity in connection with the operation or the possible future operation of this Act.

Transfer of benefits to another eligible superannuation entity or to a regulated exempt public sector superannuation scheme

(2) Subject to subsection (3), if the trustee transfers any of the amount to another eligible superannuation entity or to a regulated exempt public sector superannuation scheme for the benefit of the beneficiary, the trustee must, at the time of the transfer and in the manner approved by the Commissioner, inform the trustee of the other eligible superannuation entity or of the regulated exempt public sector superannuation scheme of the beneficiary's tax file number.

Exception

(3) Subsection (2) does not apply where an amount is transferred to another eligible superannuation entity or to a regulated exempt public superannuation scheme if, before the transfer, the beneficiary gives the trustee a written statement requesting the trustee not to inform any other trustee of the beneficiary's tax file number.

Offence

(4) A trustee who intentionally or recklessly contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

299N Trustee of regulated exempt public sector superannuation scheme may inform other trustee of tax file number for certain purposes

(1) This section applies if:

(a) there is an amount in a regulated exempt public sector superannuation scheme for the benefit of a beneficiary; and

(b) the beneficiary has quoted (whether as a beneficiary or applicant) his or her tax file number to the trustee of the scheme in connection with the operation or the possible future operation of this Act.

Transfer of benefits to another regulated exempt public sector superannuation scheme or to an eligible superannuation entity

(2) Subject to subsection (3), if the trustee transfers any of the amount to another regulated exempt public sector superannuation scheme or to an eligible superannuation entity for the benefit of the beneficiary, the trustee may inform the trustee of the other regulated exempt public sector superannuation scheme or of the eligible superannuation entity in the manner approved by the Commissioner of the beneficiary's tax file number.

Exception

(3) Subsection (2) does not apply where an amount is transferred to another regulated exempt public sector superannuation scheme or to an eligible superannuation entity if, before the transfer, the beneficiary gives the trustee a written statement requesting the trustee not to inform any other trustee of the beneficiary's tax file number.

Offence

(4) If:

(a) the trustee (the first trustee) of a regulated exempt public sector superannuation scheme (the first scheme) intentionally informs the trustee (the second trustee) of another regulated exempt public sector superannuation scheme or of an eligible superannuation entity of the tax file number of a beneficiary of the first scheme; and

(b) the first trustee knows that, because of subsection (3), the trustee is not empowered by subsection (2) to inform the second trustee of that number;

the first trustee is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

Division 3-Method of quotation of tax file numbers, including deemed quotation

299P Method of quoting tax file number

A person quotes his or her tax file number to another person in connection with the operation or the possible future operation of this Act if:

(a) the person informs the other person of the number in a manner approved by the Commissioner; or

(b) the person is taken to have quoted the number to the other person in connection with the operation or the possible future operation of this Act under any of the following provisions of this Division.

299Q Employee taken to have quoted to trustee where trustee informed by employer

If:

(a) an employee is a beneficiary, or an applicant to become a beneficiary, of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme; and

(b) the employer informs the trustee of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme of the employee's tax file number in accordance with section 299B or 299C;

the employee is:

(c) taken to have quoted the tax file number to the trustee in connection with the operation or the possible future operation of this Act; and

(d) taken to have quoted the tax file number at the time when the employer informs the trustee.

299R Beneficiary or applicant taken to have quoted to trustee where trustee informed by another trustee

(1) If the trustee (the first trustee) of an eligible superannuation entity (the first entity) informs the trustee (the second trustee) of another eligible superannuation entity or of a regulated exempt public sector superannuation scheme of the tax file number of a beneficiary of the first entity in accordance with subsection 299M(2), the beneficiary is:

(a) taken to have quoted the tax file number to the second trustee in connection with the operation or the possible future operation of this Act; and

(b) taken to have quoted that tax file number at the time when the first trustee informs the second trustee.

(2) If the trustee (the first trustee) of a regulated exempt public sector superannuation scheme (the first scheme) informs the trustee (the second trustee) of another regulated exempt public sector superannuation scheme or of an eligible superannuation entity of the tax file number of a beneficiary of the first scheme in accordance with subsection 299N(2), the beneficiary is:

(a) taken to have quoted the tax file number to the second trustee in connection with the operation or the possible future operation of this Act; and

(b) taken to have quoted that tax file number at the time when the first trustee informs the second trustee.

299S Person claiming benefit taken to have quoted to trustee where he or she provided tax file number in connection with claim

(1) This section applies if:

(a) before the commencement of this section, a person who considered that he or she was entitled to a benefit applied to a trustee of an eligible superannuation entity for payment of the benefit under section 248 or 252 and set out his or her tax file number in the application; or

(b) after the commencement of this section, a person who considers that he or she is entitled to a benefit applies to a trustee of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme for payment of the benefit and sets out in a manner approved by the Commissioner his or her tax file number in the application.

(2) The beneficiary is:

(a) taken to have quoted the tax file number to the trustee in connection with the operation or the possible future operation of this Act; and

(b) taken to have quoted that tax file number at the time when the trustee received or receives the application.

299T Beneficiary taken to have quoted if he or she quoted for other purposes

If a beneficiary, or an applicant to become a beneficiary, of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme has quoted his or her tax file number to a trustee of the entity or scheme under:

(a) subsection 225(4) or 245(2) of this Act, as in force immediately before its amendment by the Taxation Laws Amendment Act (No. 2) 1996; or

(b) a provision of the Income Tax Assessment Act 1936; or

(c) a provision of the repealed Part IIIA of the Occupational Superannuation Standards Act 1987 (including a provision as it continues to apply because of the Taxation Laws Amendment (Superannuation) Act 1992);

then, for the purposes of this Act, as in force after the commencement of this section, the beneficiary is:

(d) taken to have quoted the tax file number to the trustee in connection with the operation or the possible future operation of this Act; and

(e) taken to have quoted that tax file number to the trustee at the later of the time at which the quotation took place and the commencement of this section.

Division 4-Provision of tax file numbers in forms etc.

299U Forms etc. may require tax file number

Election notice

(1) The approved form of written notice by the trustee of a fund for the purposes of subsection 19(4) may require the notice to contain the tax file number of the fund.

Annual return

(2) The approved form of return by the trustee of a superannuation entity for the purposes of paragraph 36(1)(a) may require the return to contain the tax file number of the entity.

Particulars of notice

(3) Particulars of a notice to the trustee of an entity that are required by subsection 40(3) to be given to the Commissioner of Taxation may be accompanied by a statement of the tax file number of the entity.

Unclaimed money statement

(4) The approved form of statement by the trustee of a fund for the purposes of subsection 225(2) may require the statement to contain the tax file number of:

(a) any beneficiary of the fund where:

(i) the statement relates to the beneficiary; and

(ii) the beneficiary has quoted his or her tax file number to the trustee in connection with the operation or the possible future operation of this Act; and

(b) the fund.

Particulars in register

(5) Particulars of persons that may be included in the register mentioned in section 226 include their tax file numbers.

Claims for benefits from eligible rollover fund

(6) The approved form of application for the purposes of subsection 248(2) may require the tax file number of the applicant to be set out in the application.

Claims for benefits from eligible transitional fund

(7) The approved form of application for the purposes of section 252 may require the tax file number of the applicant to be set out in the application.

Prescribed information

(8) Regulations for the purposes of subsection 254(1) may specify the tax file number of a superannuation entity as prescribed information to be given by the trustee of the entity.

Notice to give information

(9) Information that may be required to be given by the trustee of a superannuation entity under subsection 254(2) may include the tax file number of the entity.

299V Failure to quote tax file number

For the purposes of paragraph 302(1)(b), a person does not omit a matter or thing from a statement made to a SIS officer (within the meaning of section 301) merely because the person has, in making the statement, failed to quote his or her tax file number.

Division 5-General

299W Definitions

In this Part, unless the contrary intention appears:

eligible superannuation entity means a regulated superannuation fund or an approved deposit fund.

regulated exempt public sector superannuation scheme means an exempt public sector superannuation scheme in respect of which either of the following applies:

(a) the trustee of the scheme is a constitutional corporation;

(b) the sole or primary purpose of the scheme is the provision of old-age pensions.

tax file number has the meaning given by section 202A of the Income Tax Assessment Act 1936.

299X State insurance

This Part does not apply with respect to State insurance that does not extend beyond the limits of the State concerned.

299Y Trustee of former regulated exempt public sector superannuation scheme to destroy records of tax file numbers

(1) If an exempt public sector superannuation scheme ceases to be a regulated exempt public sector superannuation scheme and does not become an eligible superannuation entity, the trustee of the scheme must, as soon as is reasonably practicable, destroy all records of tax file numbers of beneficiaries, or of applicants to become beneficiaries, of the scheme that are kept by the trustee.

(2) A trustee of an exempt public sector superannuation scheme who intentionally contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.