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RETIREMENT SAVINGS ACCOUNTS ACT 1997 - SECT 137A

Use of tax file number to locate amounts or for consolidation

  (1)   This section applies if:

  (a)   a holder of an RSA; or

  (b)   a person applying to become such a holder;

quotes his or her tax file number to the RSA provider in connection with the operation, or the possible future operation, of this Act and the other Superannuation Acts.

  (2)   An RSA provider may, subject to any conditions contained in the regulations, use tax file numbers quoted as mentioned in subsection   (1):

  (a)   in order to locate, in the records or accounts of the RSA provider, amounts held in RSAs provided by it; or

  (b)   in order to facilitate the consolidation of any of the following in relation to a particular person:

  (i)   RSAs provided by one or more RSA providers and held by the person;

  (ii)   interests of the person in eligible superannuation entities or regulated exempt public sector superannuation schemes.

Note:   Sections   8WA and 8WB of the Taxation Administration Act 1953 contain offences for unauthorised use etc. of tax file numbers.

  (2A)   Without limiting subsection   (2), regulations made for the purposes of that subsection may contain conditions relating to:

  (a)   a person consenting to use of a tax file number; or

  (b)   procedures to be followed in a consolidation mentioned in paragraph   (2)(b), including procedures to safeguard the integrity of the consolidation; or

  (c)   an RSA provider disclosing tax file numbers to another RSA provider, or to a trustee of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme, in order to facilitate such a consolidation.

  (3)   This section does not affect the operation of Australian Privacy Principle   9.

Note 1:   Australian Privacy Principle   9 prohibits an RSA provider adopting a tax file number of an individual as the RSA provider's own identifier of the individual, such as by using the tax file number as an account or membership number.

Note 2:   See also Division   4 of Part   III of the Privacy Act 1988 and the rules issued under that Division concerning the collection, storage, use and security of tax file number information.



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