Treasury Laws Amendment (Tax Accountability and Fairness) Act 2024 (37 of 2024)

Schedule 4   PwC response - Information sharing

Part 1   Amendments

Taxation Administration Act 1953

2   After section 355-180 in Schedule 1

Insert:

355-181 Exception - on-disclosure to Ministers in relation to breach of confidence and related matters

Section 355-155 does not apply if:

(a) the entity is the Secretary of the Department or an SES employee of the Department authorised by the Secretary for the purposes of this section(the first entity ); and

(b) the information was obtained by the first entity under the exception in subsection 355-65(1) operating in relation to item 14 in the table in subsection 355-65(8); and

(c) the record is made for, or the disclosure is to, the Minister or the *Finance Minister; and

(d) the record or disclosure is for the purpose of providing advice to the Minister or the Finance Minister in relation to:

(i) a breach, or a suspected breach, of an obligation of confidence by another entity (the second entity ) against the Commonwealth or a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or

(ii) any proposed measure or action directed at dealing with such a breach or suspected breach.

Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.