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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 2006) - SECT 125

Access by the ATO to AUSTRAC information

             (1)  The Commissioner of Taxation and any taxation officer is entitled to access to AUSTRAC information for any purpose relating to the facilitation of the administration or enforcement of a taxation law.

             (2)  An official of a designated agency may disclose AUSTRAC information to:

                     (a)  the Commissioner of Taxation; or

                     (b)  a taxation officer.

Application of section 3C of the Taxation Administration Act 1953

             (3)  Section 3C of the Taxation Administration Act 1953 applies in relation to AUSTRAC information obtained by the Commissioner of Taxation or a taxation officer under subsection (1) or (2) of this section as if a reference in the first‑mentioned section to the Taxation Administration Act 1953 included a reference to this Act or the Financial Transaction Reports Act 1988 .

Note:          Section 3C of the Taxation Administration Act 1953 deals with secrecy of taxation information.

             (4)  Section 3C of the Taxation Administration Act 1953 does not apply to the disclosure by the Commissioner of Taxation or a taxation officer of AUSTRAC information to an official of a designated agency for the purposes of, or in connection with, the performance of the official's duties in relation to the designated agency, so long as the official holds an appropriate authorisation under subsection 126(1).



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