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TREASURY LAWS AMENDMENT (2018 MEASURES NO. 4) ACT 2019 - SCHEDULE 2

Disclosure of information about non-compliance

 

Taxation Administration Act 1953

1   Subsection   355 - 65(3) in Schedule   1 (table item   7, column headed "and the record or disclosure ...", paragraph   ( a))

After "the Superannuation Guarantee (Administration) Act 1992 ", insert ", or under a provision of this Act as it relates to that Act ,".

2   Subsection   355 - 65(3) in Schedule   1 (after table item   7)

Insert:

 

7A

an individual who is or was an employee (within the meaning of the Superannuation Guarantee (Administration) Act 1992 )

(a) is of information that relates to:

(i) a failure by the individual's employer or former employer to comply with the employer's obligations under the Superannuation Guarantee (Administration) Act 1992 , or under a provision of this Act as it relates to that Act, in relation to the employee ; or

(ii) if the Commissioner reasonably suspects that such a failure has occurred-- the suspected failure ; or

(iii) any actions taken by the Commissioner in relation to such a failure or suspected failure; and

(b) does not relate to the general financial affairs of the employer.

 

3   Subsection   355 - 65(9) in Schedule   1

Repeal the subsection, substitute:

  (9)   To avoid doubt, the exceptions in table items   7 and 7A in table 2 in subsection   ( 3) have effect even if it is, or has been, in dispute or uncertain whether the individual is an employee or former employee of the employer.

4   Application--disclosure of information

The amendments made by this Schedule apply in relation to records or disclosures made on or after 1   July 2018 in relation to matters that arose before, on or after that day.



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