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Taxation Administration Act 1999
97Other permitted disclosures
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97 Other permitted disclosures
(1) A tax officer may disclose information obtained under or in relation
to the administration of a tax law—
(a) with the consent of the person to whom the information relates
or of a person acting on behalf of the person to whom the
information relates; or
(b) if—
(i) it is unreasonable or impracticable to obtain consent under
paragraph (a); and
(ii) the tax officer reasonably believes that the disclosure is
necessary to lessen or prevent a serious threat to a person’s
life, health or safety, or to public health or safety; or
(c) in connection with the administration or execution of a tax law
(including for the purpose of any legal proceeding arising out of
a tax law or a report of any such proceeding); or
(d) in accordance with a requirement imposed under an Act; or
(e) to any of the following persons, or to a person authorised to
receive the information by any of the following people:
(i) the ombudsman;
(ii) the integrity commissioner;
(iii) for the purpose of investigating an offence against a law of
the Territory, the Commonwealth, a State or another
Territory—the commissioner of police;
(iv) the auditor-general;
(v) for the Workers Compensation Act 1951—the DI fund
manager and the director-general for the Workers
Compensation Act 1951;
(vi) for the Financial Management Act 1996, section 130 (Act
of grace payments) or section 131 (Waiver of debts etc)—
the Treasurer;
(vii) for the administration or execution of a tax law or the Fair
Trading (Australian Consumer Law) Act 1992—the
commissioner for fair trading;
(viii) for the administration or execution of the Australian
Bureau of Statistics Act 1975 (Cwlth) or the Census and
Statistics Act 1905 (Cwlth)—the Australian statistician;
(ix) for the administration or execution of the Australian Crime
Commission Act 2002 (Cwlth), or a law of the Territory, a
State or another Territory that makes provision for the
operation of the Commission in the State or Territory—the
Australian Crime Commission;
(x) for the administration or execution of the Corporations Act
or the Australian Securities and Investments Commission
Act 2001 (Cwlth), part 3 (Investigations and
information-gathering)—ASIC;
(xi) for investigating an offence against, or enforcing, a law of
the Territory, the Commonwealth, a State or another
Territory—
(A) a Commonwealth enforcement body, in connection
with its functions; or
(B) a Commonwealth intelligence body, in connection
with its functions;
(xii) for the administration or execution of the Australian
Charities and Not-for-profits Commission Act 2012
(Cwlth)—the Australian Charities and Not-for-profits
Commission;
(xiii) for the administration or execution of the Child Support
(Registration and Collection) Act 1988 (Cwlth) or the
Child Support (Assessment) Act 1989 (Cwlth)—the Child
Support Registrar;
(xiv) for the administration or execution of the Paid Parental
Leave Act 2010 (Cwlth) or the A New Tax System (Family
Assistance) (Administration) Act 1999 (Cwlth)—the Chief
Executive Centrelink;
(xv) for the administration or execution of the Foreign
Acquisitions and Takeovers Act 1975 (Cwlth) and
supporting the administration of matters in relation to
foreign investment—
(A) the body known as the Foreign Investment Review
Board; or
(B) the Treasurer of the Commonwealth;
(xvi) for supporting the provision of community waste and
recycling services, only if the information relates to the
ownership of property—the director-general of the
administrative unit responsible for transport and city
services;
(xvii) for the administration or execution of the Government
Procurement Act 2001, part 2B (Secure local jobs code)—
the secure local jobs code registrar;
(xviii) a Minister, to enable the Minister to respond to a
constituent about the constituent’s obligations under a tax
law (whether about the payment of tax or otherwise);
(xix) a person prescribed by regulation for this section.
(2) If a tax officer may disclose information to a person under
subsection (1) (e) (the primary recipient) for a particular purpose, the
tax officer may also disclose the information to another person (the
secondary recipient) to enable the secondary recipient to exercise a
function, for or on behalf of the primary recipient, in relation to that
purpose.
ASIC means the Australian Securities and Investments Commission
under the Australian Securities and Investments Commission
Act 2001 (Cwlth).
Australian Crime Commission means the Australian Crime
Commission established by the Australian Crime Commission
Act 2002 (Cwlth).
Chief Executive Centrelink—see the Human Services (Centrelink)
Act 1997 (Cwlth), section 7.
Child Support Registrar means the Child Support Registrar under the
Child Support (Registration and Collection) Act 1988 (Cwlth).
Commonwealth enforcement body means the following:
(a) the Office of National Intelligence established under the Office
of National Intelligence Act 2018 (Cwlth), section 6;
(b) that part of the Defence Department known as the Defence
Intelligence Organisation;
(c) that part of the Defence Department known as the Australian
Geospatial-Intelligence Organisation;
(d) the National Anti-Corruption Commissioner appointed under
the National Anti-Corruption Commission Act 2022 (Cwlth),
section 241.
Commonwealth intelligence body—see the Information Privacy
Act 2014, section 25 (2).
Defence Department—see the Information Privacy Act 2014,
section 25 (2).
secure local jobs code registrar means the secure local jobs code
registrar appointed under the Government Procurement Act 2001,
section 22V.