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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fire Services Funding (Feasibility Study) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions 2
5 Relationship with other taxation laws 2
6 New Part 10A inserted 2
PART 10A--FEASIBILITY STUDIES 2
116A Power to conduct feasibility study 2
116B Power to require information for feasibility study 3
116C Protection against self-incrimination 4
116D Use of information obtained for feasibility study 4
116E Prohibition on disclosures of information obtained for
feasibility study 4
116F Information not admissible as evidence 4
116G Permitted disclosure for purposes of this Part 4
116H Disclosures of a general nature 5
116I Secondary disclosure of information disclosed under
this Part 5
ENDNOTES 7
561450B.I-10/11/2009 i BILL LA INTRODUCTION 10/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fire Services Funding (Feasibility
Study) Bill 2009
A Bill for an Act to amend the Taxation Administration Act 1997 in
relation to feasibility studies and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Taxation
Administration Act 1997 in relation to feasibility
studies.
5 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Fire Services Funding (Feasibility Study) Bill 2009
s. 3
3 Principal Act
See: In this Act, the Taxation Administration Act
Act No.
40/1997. 1997 is called the Principal Act.
Reprint No. 4
as at
29 February
2008
and
amending
Act No.
84/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
5 In section 3 of the Principal Act insert the
following definition--
"feasibility study means an examination and
analysis conducted for the purpose of--
(a) evaluating an existing tax, duty, levy or
10 impost; or
(b) developing and evaluating policies and
proposals for a new or existing tax,
duty, levy or impost;".
5 Relationship with other taxation laws
15 After section 7(1)(h) of the Principal Act insert--
"(ha) the conduct of feasibility studies;".
6 New Part 10A inserted
After Part 10 of the Principal Act insert--
"PART 10A--FEASIBILITY STUDIES
20 116A Power to conduct feasibility study
(1) The Commissioner may conduct feasibility
studies in the public interest.
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Fire Services Funding (Feasibility Study) Bill 2009
s. 6
(2) Without limiting subsection (1), the
Commissioner may conduct a feasibility
study in relation to fire services funding.
116B Power to require information for
5 feasibility study
(1) The Commissioner may, by written notice,
require a person to provide to the
Commissioner (either orally or in writing)
information that is described in the notice for
10 the purpose of a feasibility study to be
conducted by the Commissioner.
(2) The Commissioner must state in the notice--
(a) the purpose for which the information
is required; and
15 (b) the form in which the information is to
be provided; and
(c) the person to whom the information is
to be provided; and
(d) the period for compliance with the
20 requirement in the notice.
(3) The period specified in a notice for
compliance with a requirement in the notice
must be at least 30 days.
(4) The Commissioner must not require a person
25 to provide information under this section
unless the Commissioner determines that
there are no other reasonable means of
obtaining that information.
(5) Division 2 of Part 9 does not apply to the
30 obtaining of information for the purposes of
a feasibility study.
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Fire Services Funding (Feasibility Study) Bill 2009
s. 6
116C Protection against self-incrimination
A person is not required to give information
under section 116B if the giving of the
information would tend to incriminate the
5 person.
116D Use of information obtained for feasibility
study
A person must not use any information
obtained under this Part for a purpose other
10 than the conduct of a feasibility study.
116E Prohibition on disclosures of information
obtained for feasibility study
(1) A person must not disclose any information
obtained under this Part, except as permitted
15 by this Part.
Penalty: 100 penalty units.
(2) For the purposes of the Freedom of
Information Act 1982, information referred
to in subsection (1) is information of a kind
20 to which section 38 of that Act applies.
(3) Division 3 of Part 9 does not apply to
information obtained under this Part.
116F Information not admissible as evidence
Information obtained under this Part is not
25 admissible as evidence against any person in
civil or criminal proceedings.
116G Permitted disclosure for purposes of this
Part
A person may disclose information obtained
30 under this Part--
(a) to any person employed or engaged in
the administration or enforcement of a
taxation law or another law under the
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Fire Services Funding (Feasibility Study) Bill 2009
s. 6
general administration of the
Commissioner, if the disclosure is for
the purpose of the conduct of a
feasibility study; or
5 (b) to any person employed in or engaged
to work in or for the Department of
Treasury and Finance, if the disclosure
is for the purpose of the conduct of a
feasibility study; or
10 (c) with the consent of the person to whom
the information relates.
116H Disclosures of a general nature
The Commissioner or a person employed in
or engaged to work in or for the Department
15 of Treasury and Finance may disclose
information obtained under or in relation to
the conduct of a feasibility study unless that
information will or is likely to--
(a) identify a particular person; or
20 (b) disclose, in respect of a business,
commercial or financial undertaking--
(i) trade secrets; or
(ii) other matters of a business,
commercial or financial nature.
25 116I Secondary disclosure of information
disclosed under this Part
(1) A person must not disclose any information
obtained from a person under section 116G
unless the Commissioner consents to the
30 disclosure and--
(a) the disclosure is for a purpose set out in
section 116G(a) or (b); or
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Fire Services Funding (Feasibility Study) Bill 2009
s. 6
(b) in the case of information obtained
under section 116G(c), the disclosure is
made with the consent of the person to
whom the information relates.
5 Penalty: 100 penalty units.
(2) For the purposes of the Freedom of
Information Act 1982, information referred
to in subsection (1) is information of a kind
to which section 38 of that Act applies.
10 __________________".
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Fire Services Funding (Feasibility Study) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561450B.I-10/11/2009 7 BILL LA INTRODUCTION 10/11/2009
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