Fringe Benefits Tax Assessment Act 1986

PART II - ADMINISTRATION

5 (Repealed) SECTION 5 SECRECY
(Repealed by No 145 of 2010)

History

S 5 repealed by No 145 of 2010, s 3 and Sch 2 item 30, effective 17 December 2010. S 5 formerly read:

SECTION 5 SECRECY
5(1)
In this section,
"officer"
means a person:

(a) who is or has been appointed or employed by the Commonwealth; or

(b) to whom powers or functions have been delegated by the Commissioner;
and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.

5(2)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.

5(3)
Subject to subsection (5), a person who is or has been an officer shall not directly or indirectly:

(a) make a record of any information with respect to the affairs of a second person; or

(b) divulge or communicate to a second person any information with respect to the affairs of a third person;
being information disclosed or obtained under or for the purposes of this Act and acquired by the person by reason of the person ' s appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or performance of such functions, as the case may be.

Penalty: $10,000 or imprisonment for 2 years, or both.

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History

S 5(3) amended by No 146 of 2001 and No 97 of 1988.

5(3A)
Subsection (3) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purpose of this Act or in the performance of the person ' s duties as an officer.
Note:

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

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History

S 5(3A) inserted by No 146 of 2001.

5(4)
Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person who is or has been an officer shall not be required:

(a) to produce in court any document made or given under or for the purposes of this Act; or

(b) to divulge or communicate to a court a matter or thing with respect to information disclosed or obtained under or for the purposes of this Act;
being a document or information acquired by the person by reason of the person ' s appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.

5(5)
Nothing in subsection (3) shall be taken to prohibit the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner from communicating any information to:

(a) the Tribunal in connection with proceedings under an Act of which the Commissioner has the general administration; or

(b) a person performing, as an officer, duties arising under an Act of which the Commissioner has the general administration, or regulations under such an Act, for the purpose of enabling the person to perform those duties; or

(c) the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ), for the purpose of the administration of that law; or

(d) the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 , for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 ).
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History

S 5(5) amended No 122 of 2003, by No 48 of 1986.

5(6)
For the purposes of subsection (3), an officer shall be deemed to have communicated information to another person in contravention of that subsection if the officer communicates the information to any Minister.

5(7)
An officer shall, if and when required by the Commissioner or a Deputy Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in conformity with the provisions of this section.

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