A New Tax System (Australian Business Number) Amendment Regulations 2003 (No. 1) 2003 No. 169
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 169
Issued by authority of the Minister for Revenue and Assistant Treasurer
A New Tax System (Australian Business Number) Act 1999
A New Tax System (Australian Business Number) Amendment Regulations 2003 (No. 1)
Section 31 of the A New Tax System (Australian Business Number) Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The main objects of the Act, stated in section 3 of the Act, are to make dealings with the Government easier for businesses and to reduce the number of registration and reporting requirements imposed on businesses by Commonwealth, State or Territory governments. These objects are achieved by allowing the Registrar to disclose information collected under the Act in certain circumstances; otherwise, section 30 of the Act restricts the recording and disclosure of protected information.
The purpose of these Regulations was to insert the Australian Trade Commission as a prescribed body which may record and disclose protected Australian Business Number (ABN) information.
ABN information may be recorded or disclosed only in accordance with subsection 30(3) of the Act. Subparagraphs 30(3)(c)(viii) and 30(3)(d)(vi) of the Act provide that information may be disclosed by the Registrar or a person authorised by the Registrar, to prescribed bodies for prescribed purposes. Regulation 9 of A New Tax System (Australian Business Number) Regulations 1999 (the Regulations) lists the prescribed bodies and purposes, such as an Agency Head (as defined in the Public Service Act 1999) for the purpose of carrying out the functions of the Agency.
The Australian Trade Commission did not fall within any of the categories of government departments and bodies listed in paragraphs 30(3)(c) and 30(3)(d) of the Act because it is a body corporate. However, it was consistent with the objects of the Act to prescribe the Australian Trade Commission under Regulation 9.
The Regulations inserted the Australian Trade Commission in Regulation 9 as a prescribed body, and the purpose of carrying out a function of the Australian Trade Commission is a prescribed purpose for that body. The Australian Trade Commission means the Australian Trade Commission that is established by the Australian Trade Commission Act 1985.
Details of the regulations are as follows:
Regulation 1: Names the Regulations.
Regulation 2: Provides that regulations commence on gazettal.
Regulation 3: Provides that Schedule 1 amends the A New Tax System (Australian Business Number) Regulations 1999.
Schedule 1: Omits 'that body.' from paragraph 9(1)(c) and inserts 'that body; and'
Schedule 2: Inserts proposed paragraph 9(1)(d) into Regulation 9. Provides that the Australian Trade Commission is a prescribed body for the prescribed purposes.
Schedule 3: Provides a definition of Australian Trade Commission under Subregulation 9(2).
The regulations commenced on gazettal.
0202529A-0305212
Overview
The A New Tax System (Australian Business Number) Amendment Regulations 2003 (No. 1) were enacted to address a gap in the regulatory framework governing the use of Australian Business Number (ABN) information. The primary objective of these regulations, as outlined in the A New Tax System (Australian Business Number) Act 1999, is to facilitate smoother interactions between businesses and the government while reducing the burden of registration and reporting requirements on businesses. This was achieved by enabling the Registrar to disclose ABN information under specific circumstances, subject to the restrictions imposed by section 30 of the Act. These regulations were introduced by the Parliament of Australia to amend the existing A New Tax System (Australian Business Number) Regulations 1999, thereby incorporating the Australian Trade Commission as a prescribed body authorised to record and disclose ABN information. The inclusion of the Australian Trade Commission aimed to streamline the disclosure process for ABN information in alignment with the overarching objectives of the Act.
Scope and Application
The A New Tax System (Australian Business Number) Amendment Regulations 2003 (No. 1) are subordinate legislation designed to amend the A New Tax System (Australian Business Number) Regulations 1999 by including the Australian Trade Commission as a prescribed body authorised to record and disclose protected Australian Business Number (ABN) information. The primary objective of these regulations is to align the Act with the practical requirements of business operations by ensuring that the Australian Trade Commission, a statutory body corporate established under the Australian Trade Commission Act 1985, can access ABN information for the purpose of carrying out its functions. This amendment ensures that the regulatory framework remains effective and relevant to all entities involved in business interactions with the government, thereby facilitating smoother transactions and compliance processes. The regulations operate under the authority provided by section 31 of the A New Tax System (Australian Business Number) Act 1999, and they came into effect upon gazettal, as stipulated in Regulation 2.
Key Provisions
The key provisions of the A New Tax System (Australian Business Number) Amendment Regulations 2003 (No. 1) relate primarily to the insertion of the Australian Trade Commission as a prescribed body under section 30 of the A New Tax System (Australian Business Number) Act 1999 (the Act). This change was necessary to allow the Australian Trade Commission to record and disclose protected Australian Business Number (ABN) information in certain circumstances, as outlined in Regulation 9 of the A New Tax System (Australian Business Number) Regulations 1999 (the Regulations). Under section 30(3) of the Act, ABN information may only be recorded or disclosed in compliance with specified conditions, and this new regulation ensures that the Australian Trade Commission is included as an authorised body for these purposes.
These regulations impose specific obligations on the Australian Trade Commission by granting it the authority to record and disclose protected ABN information. This authority is limited to carrying out functions of the Australian Trade Commission, as defined in the Australian Trade Commission Act 1985. The Australian Trade Commission must comply with the conditions set out in section 30(3) of the Act when exercising this authority, ensuring that the information is disclosed only for the purposes prescribed by the Regulations.
The regulations do not explicitly detail offences or penalties for breaches, but it is implied that any misuse of ABN information by the Australian Trade Commission would be subject to the general provisions outlined in the Act. Section 30 of the Act restricts the recording and disclosure of protected information, and any unauthorised use could potentially lead to civil or criminal consequences. Under section 30, the unauthorised recording or disclosure of ABN information is an offence, and penalties may include fines or imprisonment as prescribed by the Act. The specific penalties are not detailed in these Regulations but would be governed by the broader legal framework established by the Act.