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DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) ACT 1990 - SECT 15

Confidentiality

             (1)  An officer of an agency who has information only because of performing functions or duties under this Act, must not make a record of, or disclose, any of the information.

Penalty:  Imprisonment for 2 years.

          (1A)  Subsection (1) does not apply if the information is recorded or disclosed:

                     (a)  in the course of carrying out functions or duties under this Act; or

                     (b)  with the consent of the person to whom the information relates.

             (2)  Where:

                     (a)  an officer of a source agency has information because of Step 1, 4 or 6 in a data matching cycle; and

                     (b)  there is a law that relates to the recording or disclosure by the officer of information obtained by the officer (however the law is expressed);

that law applies to the information referred to in paragraph (a).

             (3)  A law referred to in subsection (2) does not prevent the giving of a notice under section 11.

             (4)  For the purposes of this section, the Commissioner of Taxation is an officer of the tax agency.



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