10Giving a tax file number statement to the Commissioner

#### 10 Giving a tax file number statement to the Commissioner (1) If: (a) a superannuation provider has given information to the Commissioner in connection with the operation of the Act or these Regulations in relation to a member; and (b) the member did not quote his or her tax file number to the provider in connection with the operation or possible future operation of the Act before the information was given; and (c) the Commissioner has not informed the provider of the member’s tax file number; and (d) the member later quotes the tax file number to the provider in connection with the operation or possible future operation of the Act; the provider must give a statement to the Commissioner that includes information on the matters set out in Schedule 9. (2) A tax file number statement must be given to the Commissioner: (a) if it is quoted to the provider not less than 30 days before the next reporting day—before that reporting day; or (b) in any other case—before the reporting day after the next reporting day. (3) However, if an assessment for the member is given to the provider after the tax file number is quoted but before the day on which the surcharge becomes payable, the provider must give the tax file number statement to the Commissioner before the earlier of: (a) the day on which the surcharge becomes payable; and (b) the reporting day before which the tax file number must otherwise be given under subregulation (2). (4) If the tax file number is quoted after an assessment for the member is given to the provider, the provider must give the tax file number statement to the Commissioner in accordance with subregulation (2). > Note: Superannuation providers must comply with any guidelines relating to tax file number information issued by the Privacy Commissioner under section 17 of the Privacy Act 1988.