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

Schedule 4   PwC response - Information sharing

Part 1   Amendments

Tax Agent Services Act 2009

4   At the end of section 70-40

Add:

Disclosures to the Secretary of the Department

(5) Subsection 70-35(1) does not apply if:

(a) the person (the first person ) makes the record for, or the disclosure to, the Secretary of the Department; and

(b) the record or disclosure is of information that concerns:

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

(ii) if the first personreasonablysuspects that such a breach has occurred - the suspected breach; and

(c) the obligation arose in connection with the second person providing advice, or otherwise providing services, to a Commonwealth entity either:

(i) as an entity engaged by the Commonwealth entity for that purpose; or

(ii) as an entity representing a taxpayer; and

(d) the record or disclosure is for the purpose of:

(i) enabling or assisting in the consideration, development or implementation of any measure or the taking of any actiondirected at dealing with the breach or suspected breach; or

(ii) enabling or assisting the Secretaryor an SES employee of the Departmentto advise the Minister and the *Finance Minister in relation to the breach or suspected breach; and

(e) the record or disclosure is of information that does not include:

(i) the *ABN; or

(ii) the name; or

(iii) contact details; or

(iv) personal information (within the meaning of the Privacy Act 1988);

of any person other than the second person, unless the Board is satisfied that the inclusion of the information is necessary for a purpose mentioned in paragraph (d).

Note: A defendant bears an evidential burden in relation to the matters in subsection (5): see subsection 13.3(3) of the Criminal Code.

Disclosures to a prescribed professional disciplinary body

(6) Subsection 70-35(1) does not apply if:

(a) the person (the first person ) makes the record for, or the disclosure to, a professional disciplinary body that is prescribed by the regulations for the purposes of this subsection (a prescribed disciplinary body ); and

(b) the record or disclosure is of information that concerns another person (the second person ) and an act or omission (or a suspected act or omission) of the second person that the first person reasonably suspects may constitute a breach by the second person of the prescribed disciplinary body's code of conduct or professional standards, however described; and

(c) the record or disclosure is made for the purpose of enabling or assisting the prescribed disciplinary body to perform one or more of its functions in respect of the second person; and

(d) the record or disclosure is of information that does not include:

(i) the *ABN; or

(ii) the name; or

(iii) contact details; or

(iv) personal information (within the meaning of the Privacy Act 1988);

of any person other than the second person, unless the Board is satisfied that the inclusion of the information is necessary for the purpose mentioned in paragraph (c).

Note: A defendant bears an evidential burden in relation to the matters in subsection (6): see subsection 13.3(3) of the Criminal Code.