Commonwealth Numbered Acts

DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 No. 20 of 1991 - SECT 10

10. (1) Subject to subsection (2) and section 11, a source agency may take
action on the basis of information received by it under Step 1, 4 or 6 of a
data-matching cycle to:

   (a)  in the case of a source agency:

   (i)  cancel or suspend personal assistance being given to a person; or

   (ii) reject a claim for personal assistance; or

   (iii) change the rate or amount of personal assistance being given to, or
        claimed by, a person; or

   (iv) recover an overpayment of personal assistance; or

   (b)  in the case of the tax agency - issue an assessment or an amended
        assessment of tax; or

   (c)  investigate the possible commission of an offence.

(2) Where a source agency receives particular information under Step 1, 4 or 6
of a data-matching cycle, the agency must destroy that particular information
within 90 days of its receipt unless, within those days, the agency has
considered that particular information and made a decision to take, or to
carry out an investigation of the need to take, action allowed by subsection
(1) on the basis of that particular information.

(3) (a) Any action commenced in accordance with subsection (1) must be
commenced within 12 months from the date that the information was received
from the matching agency;

   (b)  an agency may from time to time apply to the Secretary of its
        Department or the Commissioner of Taxation (as the case may be) who
        shall be empowered to grant an extension of time for up to 12 months
        on such terms or conditions as the Secretary or the Commissioner of
        Taxation thinks fit;

   (c)  notwithstanding any other law or provision to the contrary, the power
        referred in paragraph (b) shall not be capable of delegation.

(4) After the completion of action taken in accordance with subsection (1), a
source agency must not retain any information obtained in the course of such
action in a separate permanent register of individuals.