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SOCIAL SECURITY ACT 1991 - SECT 1061ZZAA

Failure by person to comply with request to provide person's tax file number

  (1)   This section applies to a person if:

  (a)   the Secretary has requested the person under section   1061ZZBP to:

  (i)   give the Secretary a written statement of the person's tax file number; or

  (ii)   apply to the Commissioner of Taxation for a tax file number and give the Secretary a written statement of the person's tax file number after it has been issued; and

  (b)   at the end of 28 days after the request is made, the person has neither:

  (i)   given the Secretary a written statement of the person's tax file number; nor

  (ii)   given the Secretary an employment declaration and satisfied either subsection   (2) or (3).

  (2)   The person satisfies this subsection if:

  (a)   the employment declaration states that the person:

  (i)   has a tax file number but does not know what it is; and

  (ii)   has asked the Commissioner of Taxation to inform him or her of the number; and

  (b)   the person has given the Secretary a document authorising the Commissioner to tell the Secretary:

  (i)   whether the person has a tax file number; and

  (ii)   if the person has a tax file number--the tax file number; and

  (c)   the Commissioner has not told the Secretary that the person has no tax file number.

  (3)   The person satisfies this subsection if:

  (a)   the employment declaration states that the person has applied for a tax file number; and

  (b)   the person has given the Secretary a document authorising the Commissioner of Taxation to tell the Secretary:

  (i)   if a tax file number is issued to the person--the tax file number; or

  (ii)   if the application is refused--that the application has been refused; or

  (iii)   if the application is withdrawn--that the application has been withdrawn; and

  (c)   the Commissioner has not told the Secretary that the person has not applied for a tax file number; and

  (d)   the Commissioner has not told the Secretary that an application by the person for a tax file number has been refused; and

  (e)   the application for a tax file number has not been withdrawn.


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