Bill
Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019
passed, as at 2019-10-28. Treasury portfolio.
- Sponsor
- Not recorded
- Portfolio
- Treasury
Recorded stages
- introduced — 2019-07-24
- second reading — 2019-07-24
- second reading — 2019-07-31
- second reading — 2019-08-01
- third reading — 2019-08-01
- introduced — 2019-08-01
- second reading — 2019-08-01
- second reading — 2019-10-16
- second reading — 2019-10-16
- committee — 2019-10-16
- third reading — 2019-10-16
- other — 2019-10-16
- other — 2019-10-22
- passed — 2019-10-22
- royal assent — 2019-10-28
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/debates/?id=2019-07-31.135.1) to the usual [second reading](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) motion, which is *that the bill be read for a second time*. Reading a bill for a second time is parliamentary jargon for agreeing with the main idea of the bill. This amendment was introduced by Whitlam MP [Stephen Jones](https://theyvoteforyou.org.au/people/representatives/whitlam/stephen_jones) (Labor). ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House calls on the Government to do more to combat superannuation theft and ensure that workers receive their rightful superannuation entitlements in full".* — 2019-07-31, House of Representatives: negative, ayes 65, noes 77
- The majority voted in favour of [amendments](https://www.openaustralia.org.au/senate/?gid=2019-10-16.35.1) introduced by South Australian [Rex Patrick](https://theyvoteforyou.org.au/people/senate/sa/rex_patrick) (Centre Alliance), which means they passed. In explaining the Labor Party's support for the two amendments, numbered (5) and (7), NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor) [explained that](https://www.openaustralia.org.au/senate/?gid=2019-10-16.36.1): > *As I indicated, Labor will support these amendments. In relation to amendment (5), we support the provision of additional information to taxpayers as outlined in that amendment. In relation to amendment (7), we do support consultation with the Inspector-General of Taxation on all legislative instruments under this bill. We understand that this is something that occurs already, but we think it is important that it is placed in the primary legislation.* ### Amendments text > *(5) Schedule 5, item 2, page 16 (after line 16), after paragraph 355-72(3)(b) in Schedule 1, insert:* > >> *(ba) explain:* >> >>> *(i) why the primary entity is included in a class of entities declared under subsection (5); and* >>> >>> *(ii) the steps (if any) the primary entity may take to no longer be included in that class before the disclosure occurs; and* > > *(7) Schedule 5, item 2, page 17 (after line 16), after subsection 355-72(5) in Schedule 1, insert:* > >> *(5A) Before making an instrument under subsection (5), the Minister must:* >> >>> *(a) consult the Inspector-General of Taxation; and* >>> >>> *(b) consider any submissions made by the Inspector-General of Taxation because of that consultation.* — 2019-10-16, Senate: affirmative, ayes 33, noes 28
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-07-24.
The bill would allow taxation officers to disclose overdue tax debt information to credit reporting bureaus without committing an offence.
Officers must notify the taxpayer at least 21 days before the first disclosure and consult the Inspector-General of Taxation, and the Treasurer will set out which taxpayers' debts may be disclosed in a legislative instrument.
After the initial disclosure, further updates can be made without all procedural conditions, and the Commissioner may also disclose why a taxpayer no longer meets the criteria.
- Creates an exception to the offence of disclosing protected taxpayer information for reporting tax debts to credit reporting bureaus.
- Requires procedural safeguards including 21 days' notice and consultation with the Inspector-General of Taxation before initial disclosure.
- Allows ongoing disclosures of updated debt balances without full procedural conditions after the first report.
Taxation officers, the Commissioner of Taxation, credit reporting bureaus, and taxpayers with overdue tax debts.
Sources
em
em supp
billhome
frl act