Commonwealth Numbered Acts

DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 No. 20 of 1991 - SECT 3

3. In this Act, unless the contrary intention appears:

"agency" means:

   (a)  the matching agency; or

   (b)  a source agency;

"assistance agency" means:

   (a)  the Department of Community Services and Health; or

   (b)  the Department of Employment, Education and Training; or

   (c)  the Department of Social Security; or

   (d)  the Department of Veterans' Affairs;

"assisted person" means a person:

   (a)  to whom personal assistance is being, or has been, given; or

   (b)  who is claiming personal assistance;

"basic data", in relation to a person, means:

   (a)  the person's family identity data; or

   (b)  the person's income data; or

   (c)  the person's TFN data;

"child", in relation to a person, includes anyone who is the person's child
for the purposes of any personal assistance or any tax law;

"data-matching cycle" means a cycle the steps in which are set out in
section 7;

"data-matching program" means the program referred to in section 6;

"declared income", in relation to a person, means any income, or income of a
particular kind, of the person for the purposes of any personal assistance or
tax law;

"family identity data", in relation to a person, means any of the following
data about the person:

   (a)  surname;

   (b)  any other name;

   (c)  initial of any other name;

   (d)  any former surname;

   (e)  any other former name;

   (f)  the initial of any other former name;

   (g)  where the person is alive, current residential address or addresses
        and any other current address or addresses;

   (h)  an identification number for the purpose of personal assistance;

   (j)  sex;

   (k)  marital status;

   (m)  date of birth;

   (n)  where the person is dead, date of death;

   (p)  surname, any other name, initial of any other name and address or
        addresses of any living spouse of the person;

   (q)  surname, any other name, initial of any other name, date of birth and
        date of death of any deceased spouse of the person;

   (r)  surname, any other name, initial of any other name, sex and date of
        birth of any living child of the person;

   (s)  surname, any other name, initial of any other name, sex, date of birth
        and date of death of any deceased child of the person;

   (t)  surname, any other name, initial of any other name and address or
        addresses of any living parent of the person;

   (u)  surname, any other name, initial of any other name, last address and
        date of death of any deceased parent of the person;

   (w)  kind of personal assistance of the person;

"income data", in relation to a person, means:

   (a)  declared income of the person; or

   (b)  declared income of a spouse of the person; or

   (c)  declared income of a parent of the person; or

   (d)  personal assistance of the person; or

   (e)  spouse rebate of the person;

"matching agency" means the officers of the Department of Social Security who
are referred to in section 4;

"officer", in relation to a source agency, means a person with duties, powers
or functions in relation to an Act matters under which are dealt with by the
agency;

"parent", in relation to a person, includes anyone who is the person's parent
for the purposes of any personal assistance or any tax law;

"person" means an individual whether alive or dead;

"personal assistance" means:

   (a)  assistance under the First Home Owners Act 1983; or

   (b)  any assistance dealt with by the Department of Employment, Education
        and Training and known as any of the following:

   (i)  assistance under the AUSTUDY Scheme;

   (ii) assistance under the ABSTUDY Scheme;

   (iii) assistance under the Assistance for Isolated Children Scheme;

   (iv) assistance under the Aboriginal Overseas Study Assistance Scheme;

   (v)  assistance under the Scheme providing living allowances for English as
        a Second Language; or

   (c)  any pension, allowance or benefit dealt with by the Department of
        Social Security and known as any of the following:

   (i)  age pension;

   (ii) invalid pension;

   (iii) wife's pension;

   (iv) carer's pension;

   (v)  sole parent's pension;

   (vi) widowed person's allowance;

   (vii) widow's pension class B;

   (viii) sheltered employment allowance;

   (ix) rehabilitation allowance;

   (x)  unemployment benefit;

   (xi) job search allowance;

   (xii) sickness benefit;

   (xiii) special benefit;

   (xiv) family allowance;

   (xv) family allowance supplement;

   (xvi) child disability allowance;

   (xvii) double orphan's pension;

   (xviii) mobility allowance;

   (xix) remote area allowance;

   (xx) rent assistance;

   (xxi) incentive allowance;

   (xxii) pharmaceutical allowance;

   (xxiii) pharmaceutical supplement;

   (xxiv) advance pharmaceutical supplement;

   (xxv) disaster relief payment;

   (xxvi) formal training allowance; or

   (d)  any pension, allowance or other benefit or assistance given under the
        Veterans' Entitlements Act 1986 or the Seamen's War Pensions and
        Allowances Act 1940; and, in relation to a person, means
        personal assistance given to, or claimed by, the person;

"personal identity data", in relation to a person, means any of the following
data about the person:

   (a)  surname;

   (b)  first other name;

   (c)  initial of second other name (if any);

   (d)  current residential address;

   (e)  sex;

   (f)  date of birth;

   (g)  in the case of identity data held by the Australian Electoral Office -
        the date on which the person's name was placed on a Roll of electors;

   (h)  in the case of data held by the Health Insurance Commission:

   (i)  the date on which the person was last enrolled with the Commission;

   (ii) the date (if any) on which the person last ceased to be so enrolled;

   (iii) whether or not the person's Medicare card has been lost, revoked or
        otherwise removed from circulation;

"source agency" means:

   (a)  an assistance agency; or

   (b)  the tax agency;

"spouse", in relation to a person, includes anyone who is a spouse of the
person for the purposes of any personal assistance or tax law, and marital
status has a corresponding meaning;

"spouse rebate", in relation to a person, means the dependent spouse rebate of
the person within the meaning of the Tax Act;

"Tax Act" means the Income Tax Assessment Act 1936;

"tax agency" means the Commissioner of Taxation;

"tax data" means:

   (a)  tax family identity data; or

   (b)  tax income data; or

   (c)  tax TFN data;

"tax family identity data" means the family identity data of persons that is
held by the tax agency for the purposes of a tax law;

"tax file number" has the same meaning as in Part VA of the Tax Act;

"tax income data" means the income data of persons that is held by the tax
agency for the purposes of a tax law;

"tax law" means any law of the Commonwealth relating to taxation;

"tax TFN data" means the TFN data of persons that is held by the tax agency
for the purposes of a tax law;

"TFN data", in relation to a person, means:

   (a)  the person's tax file number; or

   (b)  the tax file number of any spouse of the person; or

   (c)  the tax file number of any parent of the person.