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Data-matching Program (Assistance and Tax) Act 1990
3Interpretation
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#### 3 Interpretation
(1) In this Act, unless the contrary intention appears:
> agency means:
(a) the matching agency; or
(b) a source agency.
> assistance agency means:
(b) the Education Department; or
(c) the Social Services Department; or
(d) the Veterans’ Affairs Department; or
(e) the Human Services Department.
> assisted person means a person:
(a) to whom personal assistance is being, or has been, given; or
(b) who is claiming personal assistance.
> basic data, in relation to a person, means:
(a) the person’s family identity data; or
(b) the person’s income data; or
(c) the person’s TFN data.
> Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
> child, in relation to a person, includes anyone who is the person’s child for the purposes of any personal assistance or any tax law.
> data matching cycle means a cycle the steps in which are set out in section 7.
> data matching program means the program referred to in section 6.
> declared income, in relation to a person, means any income, or income of a particular kind, of the person for the purposes of any personal assistance or tax law.
> dependant, in relation to a person, includes anyone who is the person’s dependant for the purposes of any personal assistance or tax law.
> Education Department means the Department that is responsible for administering the payments known as child care benefit and child care rebate.
> family identity data, in relation to a person, means any of the following data about the person:
(a) surname;
(b) any other name;
(c) initial of any other name;
(d) any former surname;
(e) any other former name;
(f) the initial of any other former name;
(g) where the person is alive, current residential address or addresses and any other current address or addresses;
(h) an identification number for the purpose of personal assistance;
(j) sex;
(k) marital status;
(m) date of birth;
(n) where the person is dead, date of death;
(p) surname, any other name, initial of any other name, address or addresses and date of birth of any living spouse of the person;
(q) surname, any other name, initial of any other name, date of birth and date of death of any deceased spouse of the person;
(r) surname, any other name, initial of any other name, sex and date of birth of any living child of the person;
(s) surname, any other name, initial of any other name, sex, date of birth and date of death of any deceased child of the person;
(t) surname, any other name, initial of any other name, address or addresses and date of birth of any living parent of the person;
(u) surname, any other name, initial of any other name, last address and date of death of any deceased parent of the person;
(v) surname, any other name, initial of any other name, sex and date of birth of any other child of a parent of the person if the child:
(i) has not turned 25; and
(ii) is a dependant of a parent of the person;
(w) kind of personal assistance of the person.
> Human Services Department means Services Australia.
> identification number for the purpose of personal assistance has the meaning given by subsection (2).
> income data, in relation to a person, means:
(a) declared income of the person; or
(b) declared income of a spouse of the person; or
(c) declared income of a parent of the person; or
(d) personal assistance data of the person; or
(e) spouse rebate of the person.
> matching agency means:
(a) unless a direction under section 3A is in force—the officers of the Social Services Department referred to in subsection 4(1); or
(b) if a direction under section 3A is in force—the Departmental employees (within the meaning of the Human Services (Centrelink) Act 1997) referred to in subsection 4(2).
> officer, in relation to a source agency, means a person with duties, powers or functions in relation to an Act matters under which are dealt with by the agency.
> parent, in relation to a person, includes anyone who is the person’s parent for the purposes of any personal assistance or any tax law.
> person means an individual whether alive or dead.
> personal assistance means:
(b) assistance known as any of the following:
(i) assistance under the AUSTUDY Scheme;
(ii) assistance under the ABSTUDY Scheme;
(iia) financial supplement under the Student Financial Supplement Scheme constituted by Part 4A of the Student Assistance Act 1973;
(iii) assistance under the Assistance for Isolated Children Scheme;
(iv) assistance under the Aboriginal Overseas Study Assistance Scheme;
(v) assistance under the Scheme providing living allowances for English as a Second Language;
(vi) assistance under the Commonwealth rebate for apprentice full‑time training scheme; or
(c) a social security payment within the meaning of the Social Security Act 1991; or
(caa) a seniors health card referred to in subsection 1061ZG(1) of the Social Security Act 1991; or
(cb) a payment of financial supplement under:
(i) Chapter 2B of the Social Security Act 1991; or
(ii) the Student Financial Supplement Scheme established under Chapter 2B of the Social Security Act 1991 as in force before the commencement of Schedule 2 to the Youth Allowance Consolidation Act 2000; or
(d) any pension, allowance or other benefit or assistance given under the Veterans’ Entitlements Act 1986; or
(daa) any compensation or other benefit given under the Military Rehabilitation and Compensation Act 2004; or
(dd) family assistance within the meaning of the A New Tax System (Family Assistance) Act 1999; or
(e) an instalment of parental leave pay under the Paid Parental Leave Act 2010;
and, in relation to a person, means personal assistance given to, or claimed by, the person.
> personal assistance data, in relation to a person, means:
(a) the type of the person’s personal assistance; and
(b) the rate or amount of that personal assistance; and
(c) any information regarding overpayments of personal assistance to the person.
> personal identity data, in relation to a person, means any of the following data about the person:
(a) surname;
(b) first other name;
(c) second other name or initial of second other name (if any);
(d) current address or addresses;
(e) sex;
(f) date of birth.
> Social Services Department means the Department administered by the Minister administering this Act.
> source agency means:
(a) an assistance agency; or
(b) the tax agency.
> spouse, in relation to a person, includes anyone who is:
(a) a spouse or a partner of the person for the purposes of any personal assistance; or
(b) a spouse of the person for the purposes of any tax law;
and marital status has a corresponding meaning.
> spouse rebate, in relation to a person, means the dependent spouse rebate of the person within the meaning of the Tax Act.
> Tax Act means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.
> tax agency means the Commissioner of Taxation.
> tax data means:
(a) tax family identity data; or
(b) tax income data; or
(c) tax TFN data.
> tax family identity data means the family identity data of persons that is held by the tax agency for the purposes of a tax law.
> tax file number has the same meaning as in Part VA of the Tax Act.
> tax income data means the income data of persons that is held by the tax agency for the purposes of a tax law.
> tax law means any law of the Commonwealth relating to taxation.
> tax TFN data means the TFN data of persons that is held by the tax agency for the purposes of a tax law.
> TFN data, in relation to a person, means:
(a) the person’s tax file number; or
(b) the tax file number of any spouse of the person; or
(c) the tax file number of any parent of the person.
> Veterans’ Affairs Department means the Department administered by the Minister administering the Veterans’ Entitlements Act 1986.
(2) In this Act, identification number for the purpose of personal assistance means:
(a) for the purposes of the definition of family identity data in subsection (1) and any references to family identity data—a number allocated to a person by an assistance agency for the purpose of assistance provided to the person; and
(b) for any other purpose—a number referred to in paragraph (a) as modified by the matching agency.
(3) The reference in paragraph 5 in Step 2 of the data‑matching cycle in section 7 to the matching agency extracting numbers from data includes a reference to the matching agency extracting numbers and modifying them as mentioned in paragraph (2)(b), and numbers so modified are taken to have been extracted from that data.