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Tax Laws Amendment (Disclosure of MRRT Information) Bill 2013

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2010-11-12-13

 

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

TAX LAWS AMENDMENT (DISCLOSURE OF MRRT INFORMATION) BILL 2013

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

AND

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

 

Circulated by authority of

The Hon Joe Hockey MP

Member for North Sydney



 

TAX LAWS AMENDMENT (DISCLOSURE OF MRRT INFORMATION) BILL 2013

 

 

OUTLINE

 

The Bill will amend the confidentiality of taxpayer information provisions in Division 355 of Part 5 to Schedule 1 of the Taxation Administration Act 1953 (the Act)

 

Section 355-55 in Part 5 of Schedule 1 to the Act will be amended to provide an exception to the prohibition imposed on taxation officers about the disclosure of information regarding the tax affairs of a taxpayer.

 

The amendments are intended to remove any doubt that taxation officers may disclose to the Minister information about instalments of Minerals Resource Rent Tax paid for an instalment quarter in any MRRT year or the total amount of MRRT paid in an MRRT year where the information is provided for the purpose of the Minister making the information publicly available. 

 

The amendments will protect taxpayer confidentiality.

 

The amendments will not require disclosure of information about the tax affairs of a particular entity.  Instead, the amendments will permit taxation officers to disclose information to the Minister that relates only to the total amount of MRRT instalments paid, whether in a quarter or quarters or in an MRRT year.

 

It is intended that the amendments will permit taxation officers to disclose such information without committing an offence should the disclosure have the effect of inadvertently identifying a taxpayer.

 

Information about the amounts of MRRT instalments paid for particular quarters or the total amount of MRRT paid for an MRRT year is information that should be available to the public. 

 

Revenue cannot be raised and money cannot be spent without the approval of the parliament. In turn, parliament is entitled to the information it requires to scrutinise both revenue and expenditure proposals and performance.

 

Any argument to the contrary is unsupportable in a representative democracy.

 

The Bill also compels the Minister to table a report updating the House of the Parliament within 6 sitting days of receiving information from the Australian Taxation Office of proceeds received from the Minerals Resource Rent Tax Act 2012 on both a quarterly and yearly basi s.

 

FINANCIAL IMPACT

 

The Bill will have no financial impact.

 

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Human rights are identified in the bill as Australia’s obligations under:

 

·          the International Convention on the Elimination of all Forms of Racial Discrimination;

·          the International Covenant on Economic, Social and Cultural Rights;

·          the International Covenant on Civil and Political Rights;

·          the Convention on the Elimination of All Forms of Discrimination Against Women;

·          the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

·          the Convention on the Rights of the Child; and

·          the Convention on the Rights of Persons with Disabilities.

 

 

Tax Laws Amendment (Disclosure of MRRT Information) Bill 2013

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Human rights implications

 

This Bill does not engage any of the applicable rights or freedoms.

 

 

 

 

 

 

Hon Joe Hockey MP

Member for North Sydney