ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
TAXATION ADMINISTRATION REGULATION 2004 (NO 62 OF 2004)
2004
AUSTRALIAN CAPITAL
TERRITORY
TAXATION ADMINISTRATION
REGULATION 2004
Subordinate Law SL2004-62
EXPLANATORY
STATEMENT
Circulated by the
authority of the Treasurer
Ted Quinlan MLA
Taxation Administration Regulation
2004
Subordinate Law SL2004-62
Purpose
To prescribe the chief executive as a person who may access
information obtained under or in relation to the administration of a tax law in
circumstances limited to assisting in economic analysis or revenue forecasting.
The Taxation Administration Act 1999 (the Act) provides for the
administration of certain Acts relating to the imposition and collection of
taxes. Under section 140 of the Act, the Executive may make regulations for the
Act.
Stringent secrecy provisions protect information collected under or
in relation to the administration of a tax law. Only Tax Officers, as defined
under the Act, have access to this tax data.
Disclosures of a general
nature may be permitted, but access to the information, how it is used, and
under what circumstances, is restricted under the Act. Disclosure is allowed to
some specified statutory office holders, including the ombudsman, the
auditor-general and the Australian statistician. In some cases, such as for the
commissioner of police, the nominal insurer and the Treasurer, access is
restricted to a particular purpose. It is also possible to disclose information
to a person prescribed by the regulations.
To allow Treasury Officers,
who are not Tax Officers under the Act, to access tax data to assist in economic
analysis or revenue forecasting, it is necessary to prescribe by regulation the
disclosure of such information to particular persons for these strictly limited
purposes.
This regulation is made under
section 97 (d) (x) of the Act and prescribes the chief executive
for the purpose of accessing information. The chief executive may delegate this
power to a public sector officer under section 36 (4) of the
Public Sector Management Act 1994 where he/she considers the tasks to be
undertaken by that officer require the exercise of that power. In practice, the
chief executive would delegate the power to access taxation information to the
Treasury Officers responsible for economic analysis and revenue
forecasting.
The Act, under section 98, imposes a prohibition on the
secondary disclosure of information and this applies to any officer privy to
information under the Act including information obtained by a prescribed person
under this regulation or their delegate.
Financial Implications
Nil.
Details of the Regulation are attached.
Details of the Taxation Administration Regulation
2004
Clause 1 Name of regulation
This regulation is the Taxation
Administration Regulation 2004.
This regulation commences on the day after notification.
This clause explains that a note included in the regulation is explanatory
and not part of the regulation.
Clause 4 Permitted disclosure of information – Act, s97 (d)
(x)
This clause prescribes the chief executive as a person who can access
information to assist in economic analysis or revenue forecasting. The power is
limited to the stated purposes.