Commonwealth Numbered Regulations - Explanatory Statements

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TAXATION ADMINISTRATION AMENDMENT REGULATIONS 2002 (NO. 2) 2002 NO. 128

STATUTORY RULES 2002 No. 128

Issued by authority of the Minister for Revenue and Assistant Treasurer

Taxation Administration Act 1953

Taxation Administration Amendment Regulations 2002 (No. 2)

Section 18 of the Taxation Administration Act 1953 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act

The purpose of the amendment to Regulation 3A of the Taxation Administration Regulations 1976 is to prescribe the Royal Commission into the Building and Construction Industry and the Royal Commission into corrupt or criminal conduct by a Western Australian police officer as eligible Royal Commissions, enabling them to receive taxation information in certain circumstances. The Taxation Administration Regulations 1976 currently prescribe only one Royal Commission as an eligible Royal Commission in Regulation 3A.

Section 3E of the Taxation Administration Act (TAA) 1953 permits the Commissioner of Taxation to disclose information acquired under a tax law to an authorised Royal Commission officer if satisfied about certain matters.

An authorised Royal Commission officer is defined in subsection 2(1) of the Act to mean the person or persons who constitute the eligible Royal Commission or an official of the eligible Royal Commission authorised by the chairperson to perform the functions of an authorised Royal Commission under the Act. Subsection 2(1) of the TAA 1953 also defines an eligible Royal Commission to include a prescribed Royal Commission of the, a State or a Territory.

Subsection 17C(2) of the Act allows a Royal Commission to write to the Minister requesting that the Governor-General make a regulation prescribing the particular Commission to be an eligible Royal Commission. Both Royal Commissions have followed this process.

Subsection 17C(3) requires that the Minister give a response to the request in written notice setting out the reasons why the regulation will or will not be referred to the Governor General for the making of the Regulation, within 28 days of receiving the request. Subsection 17C(4) requires that the Minister must cause a copy of the notice to be laid before each House of Parliament on the next sitting day of the House after the day on which the notice was given.

The proposed amended Regulation will commence from the date of gazettal.