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A NEW TAX SYSTEM (FAMILY ASSISTANCE) (ADMINISTRATION) ACT 1999 - SECT 203A

Secretary may require financial information relating to large child care providers

Notice requiring financial information

  (1)   The Secretary may, by written notice given in accordance with subsection   (2), require a person referred to in section   203B to provide financial information in relation to the financial year in which the notice is given or any one or more of the 4 previous financial years, if:

  (a)   the information is for the purposes of determining whether a large child care provider is financially viable and likely to remain so; and

  (b)   the Secretary reasonably believes that the person is capable of giving the information.

Note:   Sections   137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

  (2)   A notice is given in accordance with this subsection if:

  (a)   it specifies the financial information required; and

  (b)   it specifies the period by which and the manner in which the person must comply with the notice.

Civil penalty for non - compliance

  (3)   A person must comply with a notice given to the person under subsection   (1).

Civil penalty:   60 penalty units.

  (4)   Subsection   (3) does not apply to a person registered under the Australian Charities and Not - for - profits Commission Act 2012 to the extent that:

  (a)   the notice under subsection   (1) requires the person to provide particular financial information to the Secretary; and

  (b)   the person has provided, or provides, that particular financial information to the Commissioner within the meaning of that Act before the end of the period specified under paragraph   (2)(b).

Disclosure of personal information

  (5)   For the purposes of:

  (a)   paragraph   6.2(b) of Australian Privacy Principle   6; and

  (b)   a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;

the disclosure of personal information by a person in response to a notice given under this section is taken to be a disclosure that is authorised by this Act.



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