Recommendations
Recommendation 1
4.11
The
committee therefore recommends that the Tax Laws Amendment (Confidentiality of
Taxpayer Information) Bill 2009 be amended to remove the offending provisions
along the lines of the amendments in Appendix 4, thereby leaving the existing
law in this area to continue to operate.
4.12
This
recommendation proposes two options for amendments to achieve this end:
Option (1) removes
any reference to Parliament and its committees from the bill, thereby allowing
the existing law to operate in conjunction with the existing procedural
protections provided by standing and other orders of the Houses.
Option (2)
removes the application of the offence provisions to dealings between taxation
officers and Parliamentary committees and provides guidance to taxation
officers in their dealings with Parliamentary committees and declares that
disclosures to Parliament and its committees are not affected by the bill.
Recommendation 2
4.13 The
committee further recommends that the Procedure Committee consider whether it
is necessary to strengthen guarantees to safeguard the privacy of taxpayer
information by means of a resolution of the Senate.
Recommendation 3
4.14 The
committee further recommends that the Clerk of the Senate write to the
Commissioner of Taxation drawing attention to the training provided by the
Department of the Senate in parliamentary matters and the availability of the
Department of the Senate to work with the Australian Taxation Office in
developing appropriate in-house training materials.
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