Tanya Plibersek (Sydney, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Minister for Revenue and Financial Services, and refers to her continuing ministerial responsibility for the Australian tax office. In state parliament, the West Australian Treasurer has said that the ATO acted in the Bell Group litigation 'contrary to the direction or advice of the Assistant Treasurer, Kelly O'Dwyer'. What direction or advice did the minister give to the ATO on this matter?

Kelly O'Dwyer (Higgins, Liberal Party, Minister for Revenue and Financial Services) Share this | Link to this | Hansard source

I thank the member for her question. As the former Minister for Small Business and Assistant Treasurer, and now Minister for Revenue and Financial Services, I do have ministerial responsibility for the Australian Taxation Office. As such, I receive updates from Treasury and from the ATO regarding matters that concern the ATO. When I was made aware of assertions being made by WA ministers regarding dealings with former Treasurer, the Hon. Joe Hockey, regarding the Bell litigation, I sought briefing from the ATO. The ATO advised me that it had a legal obligation and a sound case to intervene in the proceedings in the High Court of Australia to protect the interests of the Commonwealth. I fully supported the ATO position and so advised the Attorney-General of the joint position of myself and the ATO, to which the Attorney-General actually refers to in his detailed statement in the Senate. This position was subsequently vindicated by the High Court in a unanimous decision.

Tanya Plibersek (Sydney, Australian Labor Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Can I ask that the minister table the document from which she was reading?

Tony Smith (Speaker) Share this | Link to this | Hansard source

Was the minister reading from confidential documents?

Ms O'Dwyer interjecting—

The minister was reading from confidential documents.