Bernie Ripoll (Oxley, Australian Labor Party) Share this | Hansard source

I promise the House and the Minister for Defence, who is at the table, that my contribution on the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2010 will be brief. I know there are many items on today’s agenda. People’s tax affairs are very much a matter between themselves, the Taxation Office and God. This bill continues that spirit. Initially, 38 submissions formed part of the review of this legislation, and all broadly supported the intent to consolidate taxation secrecy and disclosure provisions. Some concerns were raised and they have been incorporated into the legislation.

The bill consolidates taxation secrecy and disclosure provisions currently scattered across a whole range of acts into a single framework. There are some 18 taxation acts, and this will bring them all together. Current provisions are spread across different types of taxation law and are drafted in different styles. This has led to inconsistency and in many cases confusion and complexity, and it only increases the regulatory burden and compliance costs and generally becomes a headache for ordinary people. These inconsistencies can also undermine the purpose of the current law in terms of the protection of taxpayer information. It is exceptionally important to ensure a proper system of taxation confidentiality and secrecy, particularly to give taxpayers themselves confidence in the tax system. The new framework will continue to prohibit the unauthorised provision of taxpayer information obtained or generated through administering a taxation law. This will remain a criminal offence.

There are times when we need to overcome ambiguities in definitions, and this applies particularly in areas such as protected information, taxation law and who is actually a taxation officer. This legislation clarifies those bits of information. It also sets out clear rules about the on-disclosure of information to non-taxation officers and it makes clear who can be the recipient of such information. The bill also introduces new disclosure provisions where public benefit outweighs taxpayer privacy. In all these systems and laws and regulations, if there is a great public interest or benefit—particularly where there is a benefit that outweighs the privacy of a particular taxpayer—then disclosure ought to be allowable under proper guidance. The bill will provide for greater disclosure to the Australian Securities and Investments Commission to facilitate enhanced cooperation between that regulator and the Australian Taxation Office in addressing fraudulent activity. This can only be a good thing. The bill has also been considered by the Senate Economics Legislation Committee, which recommended that it be passed.

This is a good bill which draws together a number of acts and reduces complexity. It will reduce costs over time. It also reduces the volume of taxation law and reflects the government’s commitment to simplifying the operation of taxation laws and removing bureaucracy, red tape and inconsistencies where they exist. I believe this bill strikes the right balance between protecting taxpayer information and facilitating the work of government. I understand there is broad acceptance of and a commitment to this bill across the chamber. I commend the bill to the House.

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