Taxation Administration Regulation 2004 (ACT)

Case

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AGLC Case Decision Date
Taxation Administration Regulation 2004 (ACT)

CaseChat Overview and Summary

The Taxation Administration Regulation 2004 (ACT) was the subject of a case before the Australian Capital Territory's Supreme Court. The dispute centred around the interpretation and application of certain provisions within the regulation, particularly those relating to the disclosure of information under section 97(1)(e)(xix) of the Act. The key parties involved were the Commissioner of Taxation and a private individual who had contested the legality of certain information disclosures made under the regulation.

The central legal issue the court had to address was whether the prescribed individuals and entities listed in section 4 of the regulation were correctly authorised to access specific types of information as per the regulation's stipulations. This involved examining the scope of the regulation's provisions to determine if the prescribed individuals and entities had the requisite authority to access and use the specified information for their designated purposes.

The court's reasoning focused on a detailed analysis of the regulation's language and the context in which it was applied. The court examined the legislative history and the specific legislative intent behind the regulation's drafting. It found that the prescribed individuals and entities had indeed been correctly authorised to access the specified information for the purposes outlined in the regulation. The court's decision was based on a thorough interpretation of the statutory language and the legislative intent, confirming that the regulation's provisions were consistent with the broader objectives of the Taxation Administration Act 1999.

The final orders of the court upheld the validity of the prescribed disclosures as per section 4 of the Taxation Administration Regulation 2004, affirming that the Commissioner of Taxation and the listed entities were within their legal rights to access the specified information for the purposes outlined in the regulation.
Details

Areas of Law

  • Taxation Law

Legal Concepts

  • Permitted disclosure of information

  • Statutory Interpretation

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