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Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Bill 2003
Schedule 2 Access to information

   

Excise Act 1901

1  At the end of paragraph 159(3)(c)

Add:

                        or (v)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991) and is of information to be used for the purpose of the administration of that law; or

                            (vi)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 );

2  At the end of paragraph 159(3)(d)

Add:

                     ; or (iv)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991) and is of information to be used for the purpose of the administration of that law; or

                             (v)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 ).

3  Application

The amendments of the Excise Act 1901 made by this Schedule apply to information obtained before, on or after the commencement of this Schedule by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.

Financial Transaction Reports Act 1988

4  Subsection 3(1)

Insert:

Centrelink officer means:

                     (a)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 ; or

                     (b)  a member of that Agency’s staff mentioned in subsection 35(1) of that Act.

5  Subsection 3(1)

Insert:

Child Support Agency means the body consisting of the Child Support Registrar (within the meaning of the Child Support (Registration and Collection) Act 1988 ) and all other CSA officers.

6  Subsection 3(1)

Insert:

CSA officer means a person performing duties, or exercising powers or functions, under or in relation to the Child Support (Assessment) Act 1989 , the Child Support (Registration and Collection) Act 1988 or regulations under either or both of those Acts.

7  After paragraph 27(1)(c)

Insert:

                  (caa)  the Director may, in writing, authorise the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 to have access to FTR information for the purposes of the administration of the social security law (within the meaning of the Social Security Act 1991 ); and

                  (cab)  the Director may, in writing, authorise the Child Support Agency to have access to FTR information for the purposes of the administration of:

                              (i)  the Child Support (Assessment) Act 1989 ; or

                             (ii)  the Child Support (Registration and Collection) Act 1988 ; or

                            (iii)  regulations under either or both of those Acts; and

8  Subsection 27(2)

After “(c)”, insert “, (caa), (cab)”.

9  Subsections 27(2) and (3)

After “Service”, insert “, the Commonwealth Services Delivery Agency, the Child Support Agency”.

10  Subsection 27(3)

After “(c)”, insert “, (caa), (cab)”.

Note:       The heading to subsection 27(3) is altered by inserting “ , (caa), (cab) ” after “ (c) ”.

11  Subsection 27(3)

After “customs officer,”, insert “any Centrelink officer, any CSA officer,”.

12  Subsections 27(6) and (9)

After “customs officer” (wherever occurring), insert “, a Centrelink officer, a CSA officer”.

13  Application

The amendments of the Financial Transaction Reports Act 1988 made by this Schedule apply to FTR information obtained by the Director before, on or after the commencement of this Schedule.

Fringe Benefits Tax Assessment Act 1986

14  At the end of subsection 5(5)

Add:

               ; or (c)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ), for the purpose of the administration of that law; or

                     (d)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 , for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 ).

15  Application

The amendment of the Fringe Benefits Tax Assessment Act 1986 made by this Schedule applies to information acquired before, on or after the commencement of this Schedule by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.

Income Tax Assessment Act 1936

16  Paragraph 16(4)(e)

Repeal the paragraph, substitute:

                     (e)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) for the purpose of the administration of that law; or

17  Paragraph 16(4)(eb)

Omit “any law of the Commonwealth relating to pensions, allowances or benefits”, substitute “the social security law (within the meaning of the Social Security Act 1991 )”.

18  Application

The amendments of the Income Tax Assessment Act 1936 made by this Schedule apply to information acquired before, on or after the commencement of this Schedule by the Commissioner, a Second Commissioner, a Deputy Commissioner or a person authorised by the Commissioner, a Second Commissioner or a Deputy Commissioner.

Product Grants and Benefits Administration Act 2000

19  At the end of paragraph 47(3)(c)

Add:

                       or (iv)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or

                             (v)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 );

20  At the end of paragraph 47(3)(d)

Add:

                     ; or (iii)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or

                            (iv)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 ).

21  Application

The amendments of the Product Grants and Benefits Administration Act 2000 made by this Schedule apply to information obtained before, on or after the commencement of this Schedule by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.

Social Security Act 1991

22  Subsection 23(1) (definition of officer )

Repeal the definition, substitute:

officer means a person performing duties, or exercising powers or functions, under or in relation to the social security law, the Farm Household Support Act 1992 or subsection 91A(3) of the Child Support (Assessment) Act 1989 .

Social Security (Administration) Act 1999

23  After section 201

Insert:

201A   Definition of officer

                   In this Division:

officer means:

                     (a)  a person who is or has been an officer within the meaning of subsection 23(1) of the 1991 Act; or

                     (b)  a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under the social security law or the Farm Household Support Act 1992 ; or

                     (c)  a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under the social security law or the Farm Household Support Act 1992 .

Taxation Administration Act 1953

24  At the end of paragraph 68(3)(c)

Add:

                        or (v)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or

                            (vi)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 );

25  At the end of paragraph 68(3)(d)

Add:

                            (iv)  the Secretary of the Department dealing with matters relating to the social security law (within the meaning of the Social Security Act 1991 ) and is of information to be used for the purpose of the administration of that law; or

                             (v)  the Chief Executive Officer of the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 and is of information to be used for the purpose of the administration of the social security law (within the meaning of the Social Security Act 1991 );

26  Application

The amendments of the Taxation Administration Act 1953 made by this Schedule apply to information obtained before, on or after the commencement of this Schedule by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.