11Giving a tax file number statement to the Commissioner

11 Giving a tax file number statement to the Commissioner

(1) If: (a) a superannuation provider has given information to the Commissioner for the purposes of the Act or this instrument in relation to a member; and (b) the member did not quote the member’s 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 the information required by subsection (2). (2) For the purposes of subsection (1), the following information is required: (a) the superannuation provider’s name, ABN, tax file number and superannuation fund number; (b) the date of the statement; (c) the member’s name and date of birth; (d) the address of the member’s place of residence or place of business or employment; (e) if the address of the member’s place of business or employment is given—the name (and any trading name) of the place of business or employment; (f) the member’s tax file number. (3) The statement must be given to the Commissioner: (a) if the tax file number is quoted to the provider at least 30 days before the next reporting day—before that reporting day; or (b) if the tax file number is quoted to the provider less than 30 days before the next reporting day—before the reporting day after the next reporting day. (4) 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 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 statement must otherwise be given under subsection (3).

Note: Superannuation providers must comply with any rules relating to tax file number information issued by the Privacy Commissioner under section 17 of the Privacy Act 1988.