Stephen Smith (Perth, Australian Labor Party, Deputy Leader of the House) Share this | Hansard source

I thank the honourable member for Casey for his contribution; it accurately reflects the instructions I have from the Assistant Treasurer. Those discussions, which are taking place in goodwill, are ongoing and we may see a positive outcome in another place. Given that all members who wish to speak on the second reading have spoken, on behalf of the Assistant Treasurer I thank all members who have contributed to the debate on the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2010.

The bill reflects the government’s commitment to reducing the volume and complexity of the taxation law. The primary purpose of the bill is to consolidate into a single framework the taxation secrecy and disclosure provisions that are currently found across 18 different taxation acts. In doing so, it will overcome inconsistencies and ambiguities associated with the existing provisions.

The bill affirms the importance of maintaining a high level of protection of information provided by taxpayers. As with the current law, it will impose serious sanctions for the unauthorised disclosure of taxpayer information. The bill recognises that while the key principle of the taxation secrecy and disclosure framework is the protection of taxation information, there is often a public benefit in providing government agencies access to taxpayer information.

The bill also recognises that in certain circumstances the use of taxpayer information by agencies other than the Taxation Office can facilitate more effective delivery of government services and can greatly assist law enforcement efforts; however, it will also ensure that, where taxpayer information is shared with another agency, that agency has clear obligations to continue to maintain the integrity of that information.

Taxpayer information can play an important role in whole-of-government approaches to combating serious crime; therefore, the bill will allow taxation officers to disclose taxpayer information to a court or tribunal for the prosecution of particular offences. Disclosures will also be made to law enforcement agencies to assist with the new unexplained wealth regime.

The bill also gives effect to recommendations made by the Senate Standing Committee of Privileges with respect to disclosures to ministers and parliament. As recommended by the committee, the bill does not affect disclosures of taxpayer information to parliament and parliamentary committees. Such disclosures will continue to be governed by parliamentary privilege. However, the bill clarifies the circumstances in which disclosures can be made to ministers, ensuring that taxpayer information is only disclosed to a minister for specified purposes.

Public consultation on an exposure draft bill and on an earlier discussion paper confirmed that there was broad support to consolidate the existing tax secrecy and disclosure provisions. The government appreciates the input of interested parties to the draft bill, and many of the comments received have contributed to the development of the bill before us. On behalf of the Assistant Treasurer, I thank members for their contributions. I thank the honourable member for Casey for the spirit in which those discussions are ongoing. I commend the bill to the House.

Bill read a second time.

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