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Wednesday, 7 December 2005
Page: 143


Mr SWAN (2:14 PM) —My question is directed to the Treasurer. Treasurer, are you aware—

Government members interjecting—


Mr SWAN —You wish. Treasurer, are you aware that Commonwealth guidelines for prosecuting tax offences say:

Offences involving taxation matters should be prosecuted by the DPP under the Crimes Act ... where ... serious fraud on the revenue was involved.

Treasurer, do tax evasion allegations involving up to one-quarter of a billion dollars amount to serious fraud on the revenue? Is the Treasurer concerned that the ATO is not applying tax prosecution guidelines consistently? Will the Treasurer direct the Board of Taxation to investigate whether the ATO is consistently applying its guidelines?


The SPEAKER —I remind the Treasurer that he is not obliged to give a legal opinion, but there are other parts of the question that he can respond to.


Mr COSTELLO (Treasurer) —The enforcement of the guidelines of the Australian Taxation Office is a matter for the Australian Taxation Office. It is responsible for enforcing and following its own guidelines and it is the Commissioner of Taxation’s obligation to enforce them. If allegations are being made against the Commissioner of Taxation, I suggest that the honourable member direct his questions to him.