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Data-matching Program (Assistance and Tax) Act 1990

Authoritative Version
  • - C2014C00197
  • In force - Superseded Version
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Act No. 20 of 1991 as amended, taking into account amendments up to Statute Law Revision Act (No. 1) 2014
An Act to provide for the matching of data in relation to certain assistance and tax and to amend the Privacy Act 1988
Administered by: Social Services
Registered 24 Jun 2014
Start Date 24 Jun 2014
End Date 11 Sep 2014

Description: Commonwealth Coat of Arms

Data‑matching Program (Assistance and Tax) Act 1990

No. 20, 1991 as amended

Compilation start date:                     24 June 2014

Includes amendments up to:            Act No. 31, 2014

 

About this compilation

This compilation

This is a compilation of the Data-matching Program (Assistance and Tax) Act 1990 as in force on 24 June 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 24 June 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

2A......... Application of the Criminal Code....................................................... 1

3............ Interpretation....................................................................................... 1

3A......... Directions by Secretary to the Department of Social Security............. 7

Part 2—Data‑matching                                                                                                       9

4............ Matching agency................................................................................. 9

5............ Effect of other Acts............................................................................. 9

6............ Matching of data................................................................................. 9

7............ Steps in data matching cycle.............................................................. 10

8............ Data may be sent on‑line................................................................... 13

9............ Length of data matching cycle........................................................... 13

10.......... Source agencies may use results of data program............................. 14

11.......... Notice of proposed action................................................................. 16

12.......... Rules relating to privacy.................................................................... 18

13.......... Investigations of breaches of privacy................................................ 19

14.......... Complaints of breaches of privacy.................................................... 20

15.......... Confidentiality................................................................................... 21

15A....... Appropriation.................................................................................... 22

Endnotes                                                                                                                                    23

Endnote 1—About the endnotes                                                                            23

Endnote 2—Abbreviation key                                                                                25

Endnote 3—Legislation history                                                                             26

Endnote 4—Amendment history                                                                           38

Endnote 5—Uncommenced amendments [none]                                          40

Endnote 6—Modifications [none]                                                                         40

Endnote 7—Misdescribed amendments [none]                                             40

Endnote 8—Miscellaneous [none]                                                                        40


An Act to provide for the matching of data in relation to certain assistance and tax and to amend the Privacy Act 1988

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Data‑matching Program (Assistance and Tax) Act 1990.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

2A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

agency means:

                     (a)  the matching agency; or

                     (b)  a source agency.

assistance agency means:

                     (a)  the Department of Health and Family Services; or

                     (b)  the Department of Employment, Education and Training; or

                     (c)  the Department of Social Security; or

                     (d)  the Department of Veterans’ Affairs; or

                     (e)  the Human Services Department.

assisted person means a person:

                     (a)  to whom personal assistance is being, or has been, given; or

                     (b)  who is claiming personal assistance.

basic data, in relation to a person, means:

                     (a)  the person’s family identity data; or

                     (b)  the person’s income data; or

                     (c)  the person’s TFN data.

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

child, in relation to a person, includes anyone who is the person’s child for the purposes of any personal assistance or any tax law.

data matching cycle means a cycle the steps in which are set out in section 7.

data matching program means the program referred to in section 6.

declared income, in relation to a person, means any income, or income of a particular kind, of the person for the purposes of any personal assistance or tax law.

dependant, in relation to a person, includes anyone who is the person’s dependant for the purposes of any personal assistance or tax law.

family identity data, in relation to a person, means any of the following data about the person:

                     (a)  surname;

                     (b)  any other name;

                     (c)  initial of any other name;

                     (d)  any former surname;

                     (e)  any other former name;

                      (f)  the initial of any other former name;

                     (g)  where the person is alive, current residential address or addresses and any other current address or addresses;

                     (h)  an identification number for the purpose of personal assistance;

                      (j)  sex;

                     (k)  marital status;

                    (m)  date of birth;

                     (n)  where the person is dead, date of death;

                     (p)  surname, any other name, initial of any other name, address or addresses and date of birth of any living spouse of the person;

                     (q)  surname, any other name, initial of any other name, date of birth and date of death of any deceased spouse of the person;

                      (r)  surname, any other name, initial of any other name, sex and date of birth of any living child of the person;

                      (s)  surname, any other name, initial of any other name, sex, date of birth and date of death of any deceased child of the person;

                      (t)  surname, any other name, initial of any other name, address or addresses and date of birth of any living parent of the person;

                     (u)  surname, any other name, initial of any other name, last address and date of death of any deceased parent of the person;

                     (v)  surname, any other name, initial of any other name, sex and date of birth of any other child of a parent of the person if the child:

                              (i)  has not turned 25; and

                             (ii)  is a dependant of a parent of the person;

                    (w)  kind of personal assistance of the person.

Human Services Department means the Department administered by the Human Services Minister.

Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997.

identification number for the purpose of personal assistance has the meaning given by subsection (2).

income data, in relation to a person, means:

                     (a)  declared income of the person; or

                     (b)  declared income of a spouse of the person; or

                     (c)  declared income of a parent of the person; or

                     (d)  personal assistance data of the person; or

                     (e)  spouse rebate of the person.

matching agency means:

                     (a)  unless a direction under section 3A is in force—the officers of the Department of Social Security referred to in subsection 4(1); or

                     (b)  if a direction under section 3A is in force—the Departmental employees (within the meaning of the Human Services (Centrelink) Act 1997) referred to in subsection 4(2).

officer, in relation to a source agency, means a person with duties, powers or functions in relation to an Act matters under which are dealt with by the agency.

parent, in relation to a person, includes anyone who is the person’s parent for the purposes of any personal assistance or any tax law.

person means an individual whether alive or dead.

personal assistance means:

                     (b)  any assistance dealt with by the Department of Employment, Education and Training or by the Human Services Department and known as any of the following:

                              (i)  assistance under the AUSTUDY Scheme;

                             (ii)  assistance under the ABSTUDY Scheme;

                           (iia)  financial supplement under the Student Financial Supplement Scheme constituted by Part 4A of the Student Assistance Act 1973;

                            (iii)  assistance under the Assistance for Isolated Children Scheme;

                            (iv)  assistance under the Aboriginal Overseas Study Assistance Scheme;

                             (v)  assistance under the Scheme providing living allowances for English as a Second Language;

                            (vi)  assistance under the Commonwealth rebate for apprentice full‑time training scheme; or

                     (c)  a social security payment within the meaning of the Social Security Act 1991; or

                  (caa)  a seniors health card referred to in subsection 1061ZG(1) of the Social Security Act 1991; or

                    (ca)  formal training allowance dealt with by the Department of Social Security or by the Human Services Department; or

                   (cb)  a payment of financial supplement under:

                              (i)  Chapter 2B of the Social Security Act 1991; or

                             (ii)  the Student Financial Supplement Scheme established under Chapter 2B of the Social Security Act 1991 as in force before the commencement of Schedule 2 to the Youth Allowance Consolidation Act 2000; or

                     (d)  any pension, allowance or other benefit or assistance given under the Veterans’ Entitlements Act 1986; or

                  (daa)  any compensation or other benefit given under the Military Rehabilitation and Compensation Act 2004; or

                   (da)  any youth training allowance given under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998; or

                   (db)  a payment of fee relief under the Child Care Act 1972 as in force immediately before the commencement of Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999; or

                   (dc)  childcare rebate under the Childcare Rebate Act 1993 as in force immediately before its repeal; or

                   (dd)  family assistance within the meaning of the A New Tax System (Family Assistance) Act 1999; or

                   (de)  a payment of fee relief under the Child Care Act 1972 or any other payment known as Childcare assistance (fee relief) dealt with by the Department of Social Security or by the Human Services Department; or

                    (df)  child care assistance or child care rebate under the Child Care Payments Act 1997; or

                     (e)  an instalment of parental leave pay under the Paid Parental Leave Act 2010; or

                      (f)  dad and partner pay under the Paid Parental Leave Act 2010;

and, in relation to a person, means personal assistance given to, or claimed by, the person.

personal assistance data, in relation to a person, means:

                     (a)  the type of the person’s personal assistance; and

                     (b)  the rate or amount of that personal assistance; and

                     (c)  any information regarding overpayments of personal assistance to the person.

personal identity data, in relation to a person, means any of the following data about the person:

                     (a)  surname;

                     (b)  first other name;

                     (c)  second other name or initial of second other name (if any);

                     (d)  current address or addresses;

                     (e)  sex;

                      (f)  date of birth.

source agency means:

                     (a)  an assistance agency; or

                     (b)  the tax agency.

spouse, in relation to a person, includes anyone who is:

                     (a)  a spouse or a partner of the person for the purposes of any personal assistance; or

                     (b)  a spouse of the person for the purposes of any tax law;

and marital status has a corresponding meaning.

spouse rebate, in relation to a person, means the dependent spouse rebate of the person within the meaning of the Tax Act.

Tax Act means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

tax agency means the Commissioner of Taxation.

tax data means:

                     (a)  tax family identity data; or

                     (b)  tax income data; or

                     (c)  tax TFN data.

tax family identity data means the family identity data of persons that is held by the tax agency for the purposes of a tax law.

tax file number has the same meaning as in Part VA of the Tax Act.

tax income data means the income data of persons that is held by the tax agency for the purposes of a tax law.

tax law means any law of the Commonwealth relating to taxation.

tax TFN data means the TFN data of persons that is held by the tax agency for the purposes of a tax law.

TFN data, in relation to a person, means:

                     (a)  the person’s tax file number; or

                     (b)  the tax file number of any spouse of the person; or

                     (c)  the tax file number of any parent of the person.

             (2)  In this Act, identification number for the purpose of personal assistance means:

                     (a)  for the purposes of the definition of family identity data in subsection (1) and any references to family identity data—a number allocated to a person by an assistance agency for the purpose of assistance provided to the person; and

                     (b)  for any other purpose—a number referred to in paragraph (a) as modified by the matching agency.

             (3)  The reference in paragraph 5 in Step 2 of the data‑matching cycle in section 7 to the matching agency extracting numbers from data includes a reference to the matching agency extracting numbers and modifying them as mentioned in paragraph (2)(b), and numbers so modified are taken to have been extracted from that data.

3A  Directions by Secretary to the Department of Social Security

             (1)  If:

                     (a)  the Secretary of the Department of Social Security delegates to:

                              (i)  the Chief Executive Centrelink; or

                             (ii)  a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997);

                            all or any of the Secretary’s powers under an Act; and

                     (b)  as a result of the delegation it is not appropriate for the Department to be an assistance agency within the meaning of this Act;

the Secretary may, by legislative instrument, direct that despite subsection 3(1), while the direction remains in force, the Department is not taken to be an assistance agency.

             (2)  A direction has effect according to its terms.

             (3)  A direction comes into force on the first moment of the day next following the day when it is registered in the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003, or on such later day as is specified in it, and remains in force until it is revoked.

Part 2Data‑matching

  

4  Matching agency

             (1)  The Secretary to the Department of Social Security is to ensure that there are officers of that Department who are responsible for the matching of data under this Act.

             (2)  While a direction under section 3A is in force, the Chief Executive Centrelink is to ensure that there are Departmental employees (within the meaning of the Human Services (Centrelink) Act 1997) who are responsible for the matching of data under this Act.

5  Effect of other Acts

             (1)  This Act does not limit the application of other laws of the Commonwealth except to the extent (if any) that they are inconsistent with this Act.

             (2)  Rules in force under section 17 of the Privacy Act 1988, in relation to TFN data or tax‑file number information are not breached where an agency has complied with the provisions of this Act.

             (3)  Any oath or declaration made by an officer of a source agency in relation to the recording or disclosure of information is not broken by the officer doing anything for the purposes of, and in the course of, carrying out functions or duties under this Act.

6  Matching of data

             (1)  Subject to subsections (2) and (3):

                     (a)  data about persons may be transferred between agencies; and

                     (b)  data about persons may be matched or otherwise dealt with by the matching agency or the tax agency; and

                     (c)  the results of the matching may be given to source agencies;

in accordance with the data matching program made up of data matching cycles the steps in which are set out in section 7.

             (2)  There are to be no more than 9 data matching cycles in any one year.

             (3)  Only one data matching cycle is to be in progress at any one time.

7  Steps in data matching cycle

                   The steps in a data matching cycle are as follows:

STEP 1

              1.  The assistance agencies give the matching agency the basic data about persons that is held by those agencies for the purposes of personal assistance.

              2.  The matching agency checks the validity of the TFN data given under paragraph 1 by using any algorithm given to it for the purposes of this Act by the tax agency.

              4.  Where the check identifies TFN data that appears to be incorrect, the matching agency gives particulars of the data to the source agency that gave it.

STEP 2

              5.  The matching agency extracts from data given to it in Step 1 the TFN data, and any identification numbers for the purposes of personal assistance, of assisted persons.

              6.  The matching agency gives the tax agency the data extracted under paragraph 5.

STEP 3

              7.  The tax agency uses tax data from not more than the 4 financial years immediately before the current financial year and data given to it under Step 2 to find out the following available data in respect of each person who has a tax file number:

                     (a)  tax file number;

                     (b)  personal identity data;

                     (c)  declared income;

                    (ca)  the date of the most recent assessment under the Income Tax Assessment Act 1936 of the person’s declared income;

                   (cb)  the amount of spouse rebate;

                     (d)  surname and any other name or initial of any other name of a spouse in respect of whom spouse rebate is claimed;

                     (e)  surname and any other name or initial of any other name of any spouse of the person.

              8.  The tax agency gives the matching agency the data found out under paragraph 7 and any identification numbers for the purposes of personal assistance of the person.

           8A.  If the tax agency gives the matching agency tax file numbers under paragraph 8, the tax agency may indicate to the matching agency which, if any, of those tax file numbers, according to the tax agency’s records, may have become known to, or used by, a person not authorised to know or use that tax file number.

STEP 4

              9.  The matching agency carries out identity matching by matching the personal identity data given under paragraph 8 with the family identity data given to it.

            11.  Where there is an unresolved discrepancy in data given to the matching agency by a source agency, the matching agency gives the source agency particulars of the discrepancy.

STEP 5

            12.  The matching agency carries out payment matching by matching the following data given by assistance agencies in Step 1:

                     (a)  family identity data; and

                     (b)  if it is necessary to do so—personal assistance data;

to find out:

                     (c)  if personal assistance is being, or has been, given to, or is being claimed by, persons who might not be, or might not have been, entitled to it; and

                     (d)  if personal assistance is not being, or has not been, given to, or claimed by, persons who might be, or might have been, entitled to it.

            13.  Where the matching of family identity data given by assistance agencies in Step 1 cannot identify a person for the purposes of paragraph 12, the matching agency matches TFN data given to it in Step 1 with the data being matched under that paragraph.

            14.  The matching agency carries out income matching of persons by using any identification number for the purposes of personal assistance of a person to match:

                     (a)  income data of the person given to it by assistance agencies; and

                     (b)  except where the matching agency has, under paragraph 11, given particulars of a discrepancy in data about the person to a source agency, the tax income data of the person given to the matching agency in earlier steps;

to find out if there are any inconsistencies in the income data of the person.

         14A.  If the source agency and the matching agency have agreed that this paragraph applies, the following subparagraphs apply:

                     (a)  if the matching agency thinks that any results of a payment or income matching appear to be results to which paragraph 15 applies, the matching agency gives a sample to the source agency;

                     (b)  the source agency tests the sample;

                     (c)  if the source agency thinks the sample may be wrong, and that the error may be corrected by adjusting an algorithm used by the matching agency, the source agency suggests the adjustment;

                     (d)  the matching agency makes the adjustment and repeats the relevant parts of the matching;

                     (e)  subject to section 9, these subparagraphs apply as often as necessary until the matching is complete;

                      (f)  if the source agency is an assistance agency, information exchanged under this paragraph may include the return of TFN data from the matching agency to the source agency;

                     (g)  the source agency must destroy the sample as soon as practicable after the matching is complete.

STEP 6

            15.  The matching agency gives to each source agency the results of matching under earlier steps that are of concern to that other agency and have not been given to the other agency in an earlier step, being results that indicate:

                     (a)  in the case of an assistance agency:

                              (i)  that personal assistance is being, or has been, given to, or is being claimed by, persons who might not be, or might not have been, entitled to it; and

                             (ii)  that personal assistance is not being, or has not been, given to, or claimed by, persons who might be, or might have been, entitled to it; or

                     (b)  in the case of the tax agency—that a person might be evading, or might have evaded, tax.

            16.  Information exchanged in paragraph 15 may include the return of TFN data from the matching agency to an assistance agency.

8  Data may be sent on‑line

                   Data may be transferred between agencies in the data matching program by on‑line computer connections.

9  Length of data matching cycle

             (1)  A data matching cycle is to be completed no later than 2 months after it began.

             (2)  Step 5 in a data matching cycle is to be completed no later than 7 days after it began.

          (2A)  The following times do not count for the purposes of subsection (2):

                     (a)  any time during which the cycle is interrupted by a computer malfunction;

                     (b)  any time during which the cycle is interrupted by industrial action.

             (3)  Step 6 in a data matching cycle is to be completed within 7 days after the completion of Step 5.

10  Source agencies may use results of data program

             (1)  Subject to subsection (2) and section 11, a source agency may take action on the basis of information received by it under Step 1, 4 or 6 of a data matching cycle to:

                     (a)  in the case of an assistance agency:

                            (ia)  inform a person that he or she may be entitled to personal assistance; or

                            (ib)  grant a claim for personal assistance; or

                              (i)  cancel or suspend personal assistance being given to a person; or

                             (ii)  reject a claim for personal assistance; or

                            (iii)  change the rate or amount of personal assistance being given to, or claimed by, a person; or

                            (iv)  recover an overpayment of personal assistance; or

                             (v)  correct the personal identity data it holds in relation to personal assistance that is being given to, has been given to, or claimed by, a person; or

                     (b)  in the case of the tax agency:

                              (i)  issue an assessment or an amended assessment of tax; or

                             (ii)  correct the personal identity data it holds in relation to a person; or

                     (c)  investigate the possible commission of an offence.

          (1A)  If the source agency is an assistance agency, then for the purposes of investigating further a discrepancy indicated in a data matching cycle under section 7, the source agency may quote a person’s tax file number to the tax agency.

             (2)  Where a source agency receives particular information under Step 1, 4 or 6 of a data matching cycle, the agency must destroy that particular information within 90 days of its receipt unless, within those days:

                     (a)  the agency has considered that particular information and made a decision:

                              (i)  to take action allowed by subsection (1) on the basis of that particular information; or

                             (ii)  to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information; or

                     (b)  the agency has, by using sampling procedures, identified that particular information as information that will form the basis for the agency:

                              (i)  to take action allowed by subsection (1) on the basis of that particular information; or

                             (ii)  to carry out an investigation of the need to take action allowed by subsection (1) on the basis of that particular information.

             (3)  Subject to subsection (3A), a source agency must commence any action in relation to information it receives under subsection (1) within 12 months from the date that it receives the information from the matching agency.

          (3A)  The Secretary of an assistance agency (other than the Human Services Department), the Chief Executive Centrelink, the Commissioner of Taxation or a Deputy Commissioner of Taxation may grant an extension or extensions of time for up to 12 months each of the 12 month period referred to in subsection (3).

          (3B)  The power to grant an extension or extensions of time referred to in subsection (3A) must not, despite any other law, be delegated.

             (4)  After the completion of action taken in accordance with subsection (1), a source agency must not retain any information obtained in the course of such action in a separate permanent register of individuals.

             (5)  In this section:

sampling procedures means sampling procedures established by the source agency in consultation with the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).

11  Notice of proposed action

             (1)  Subject to subsections (1A), (1B) and (4), where, solely or partly because of information given in Step 1, 4 or 6 of a data matching cycle, an assistance agency considers taking action:

                     (a)  to cancel or suspend any personal assistance to; or

                     (b)  to reject a claim for personal assistance to; or

                     (c)  to reduce the rate or amount of personal assistance to; or

                     (d)  to recover an overpayment of personal assistance made to;

a person, the agency:

                     (e)  must not take that action unless it had given the person written notice:

                              (i)  giving particulars of the information and the proposed action; and

                             (ii)  stating that the person has 28 days from the giving of the notice in which to show cause orally or in writing why the action should not be taken; and

                      (f)  must not take that action until the person has responded orally or in writing to the notice or the 28 days end, whichever occurs first.

          (1A)  Subsection (1) does not apply to action that is necessary to correct or avoid a result solely caused by an administrative error on the part of the assistance agency.

          (1B)  If the assistance agency takes action referred to in subsection (1A), it must give the person written notice, with particulars of the information and the action:

                     (a)  if practicable—before the action is taken; or

                     (b)  if not—as soon as practicable after the action has been taken.

             (2)  Subject to subsection (5), where, solely or partly because of information given in Step 1, 4 or 6 of a data matching cycle, the tax agency considers taking action to issue an assessment or an amended assessment of tax to a person, the agency:

                     (a)  must not take that action unless it has given the person written notice:

                              (i)  giving particulars of the information and the proposed action; and

                             (ii)  stating that the person has 28 days from the giving of the notice in which to show cause in writing why the action should not be taken; and

                     (b)  must not take that action until the person has responded in writing to the notice or the 28 days end, whichever occurs first.

             (3)  Notice under subsection (1) or (2) is to be given by post addressed to the person at the most recent address of the person known to the agency.

             (4)  The assistance agency may take action described in subsection (1) without complying with paragraphs (1)(e) and (f) if compliance would prejudice the effectiveness of an investigation into the possible commission of an offence.

             (5)  The tax agency may take action described in subsection (2) without complying with paragraphs (2)(a) and (b) if compliance would prejudice the effectiveness of an investigation into the possible commission of an offence.

          (5A)  If a person responds orally to a notice, the person receiving the oral response must make a written record of the response and note on the record the date of the response.

             (6)  Where:

                     (a)  an assistance agency gives a person notice under subsection (1) of proposed action to cancel or suspend, or reduce the rate or amount, of any personal assistance; and

                     (b)  the person does not show cause why the action should not be taken;

any personal assistance of that kind given, or any personal assistance of that kind given above the reduced rate or amount, as the case may be, to the person during the period specified in subparagraph (1)(e)(ii) is a debt due to the Commonwealth.

12  Rules relating to privacy

             (1)  The matching agency and the source agencies must comply with rules issued under this section.

             (2)  The Information Commissioner may, by legislative instrument, issue rules relating to the matching of data under this Act.

             (3)  The function conferred by subsection (2) is a privacy function for the purposes of the Australian Information Commissioner Act 2010.

             (4)  After the end of each financial year, each agency must give the Information Commissioner, and cause to be laid before each House of the Parliament, a report including the matters relating to the data‑matching program carried out during the financial year that are specified for the purposes of this subsection in rules issued under this section.

             (5)  After the 3‑year period ending on 30 June 1998, and after each successive 3‑year period, each agency must give the Minister responsible for the agency a report for presentation to the Parliament including all the details relating to the data‑matching program carried out during the period that are specified for the purposes of this subsection in rules issued under this section.

Note:          Section 34C of the Acts Interpretation Act 1901 sets time limits for giving reports to Ministers and for presentation of reports to the Parliament.

             (6)  Despite section 12 of the Legislative Instruments Act 2003, rules issued under this section take effect from:

                     (a)  the first day on which the rules are no longer subject to disallowance; or

                     (b)  if the rules make provision for their commencement after that day—in accordance with that provision.

13  Investigations of breaches of privacy

             (1)  In this section:

Commissioner means the Information Commissioner acting in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).

             (2)  The Commissioner may investigate any act or practice which might be a breach of this Act or the rules issued under section 12.

             (3)  Where the Commissioner finds that an investigated act or investigated practice of the matching agency or a source agency was in breach of this Act or the rules, the Commissioner and the agency must endeavour to make arrangements satisfactory to the Commissioner in relation to the act or practice.

             (4)  Where the Commissioner finds that an act, or practice, investigated was in breach of this Act or the rules and arrangements have not been made under subsection (3) or the Commissioner considers a report under this subsection appropriate in all the circumstances, the Commissioner:

                     (a)  must make a report to the Minister about the act or practice; and

                     (b)  must set out in the report the Commissioner’s findings and the reasons for those findings; and

                     (c)  may include in the report any recommendations by the Commissioner for preventing repetition of the act or a continuation of the practice; and

                     (d)  may include in the report any recommendation by the Commissioner for either or both of the following:

                              (i)  the payment of compensation in respect of a person who has suffered loss or damage as a result of the act or practice; or

                             (ii)  the taking of other action to remedy or reduce loss or damage suffered by a person as a result of the act or practice; and

                     (e)  must serve a copy of the report on the matching agency, any source agency concerned in the act or practice and the Minister responsible for such a source agency; and

                      (f)  may serve a copy of the report on any person affected by the act or practice.

             (5)  Where, at the end of 60 days after a copy of a report about an act or practice was served under subsection (4), the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice, the Commissioner must give to the Minister a further report that:

                     (a)  incorporates the earlier report and any background information that the Commissioner has received from an agency in response to the earlier report; and

                     (b)  states whether, to the knowledge of the Commissioner, any action has been taken as a result of the findings and recommendations (if any) set out in the earlier report, and if so, the nature of that action; and

                     (c)  states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;

and, where the second report relates to an agency other than an agency administered by the Minister, must give a copy of the report to the Minister responsible for the agency.

             (6)  The Minister is to cause a copy of the report given under subsection (5) to be laid before each House of the Parliament within 15 sitting days of that House, after the report is received by the Minister.

             (7)  In conducting an investigation under this section, the Commissioner has all the powers of investigation that he or she has under Part V of the Privacy Act 1988.

             (8)  Nothing in this section or in any other provision of this Act limits the rights of persons under the Privacy Act 1988 to complain to the Commissioner about interference with privacy.

14  Complaints of breaches of privacy

             (1)  A breach of Part 2 of this Act or a breach of the rules referred to in section 12 constitutes an act or practice involving interference with the privacy of an individual for the purposes of section 13 of the Privacy Act 1988.

             (2)  An individual may complain to the Information Commissioner about an act or practice in relation to the operation of this Act which may be an interference with the privacy of the individual.

             (3)  In the event of a complaint being made by an individual, it shall be dealt with in accordance with the provisions of Part V of the Privacy Act 1988, which shall apply mutatis mutandis to this Act.

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.

15A  Appropriation

                   Payments of any personal assistance made because of the operation of subsection (11)(1) must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Data‑matching Program (Assistance and Tax) Act 1990

20, 1991

23 Jan 1991

23 Jan 1991

 

Social Security Legislation Amendment Act (No. 2) 1991

115, 1991

27 June 1991

s. 39: (a)

Social Security Legislation Amendment Act (No. 3) 1991

175, 1991

25 Nov 1991

s. 106 (Schedule [Part 1]): 12 Nov 1991 (b)

Social Security Legislation Amendment Act (No. 4) 1991

194, 1991

13 Dec 1991

s. 74 (Schedule 5 [Part 1]): Royal Assent (c)

Social Security Legislation Amendment Act 1992

81, 1992

30 June 1992

s. 117 (Schedule 2 [Part 1]): Royal Assent (d)
Schedule 2 (Part 6): 1 July 1992 (d)

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 53): 30 June 1992 (e)

Student Assistance Amendment Act 1992

138, 1992

19 Nov 1992

ss. 31–43: 1 Jan 1993
Remainder: Royal Assent

Data‑matching Program (Assistance and Tax) Amendment Act 1992

205, 1992

21 Dec 1992

s. 7: 22 Jan 1993
Remainder: Royal Assent

Social Security Legislation Amendment Act (No. 2) 1992

229, 1992

24 Dec 1992

Schedule 2 (Part 2): 1 Jan 1993 (f)

Social Security (Budget and Other Measures) Legislation Amendment Act 1993

121, 1993

24 Dec 1993

s. 6 (Schedule 1 [Part 2]): 20 Mar 1994 (g)
Part 3 (ss. 90–96): Royal Assent (g)

Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994

55, 1994

7 Apr 1994

Part 2 (ss. 3, 4): 29 Sept 1994
Part 3 (ss. 5, 6): 20 Sept 1994
Remainder: Royal Assent

Social Security Legislation Amendment Act (No. 2) 1994

109, 1994

12 July 1994

Part 3 (ss. 54, 55): 1 July 1994 (h)

Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994

164, 1994

16 Dec 1994

Part 4 (s. 60): Royal Assent (i)

Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994

174, 1994

16 Dec 1994

s. 3(2) (item 158): 1 July 1995 (j)
s. 6(2) (items 37, 43): 1 Jan 1995 (j)

Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994

184, 1994

23 Dec 1994

1 Jan 1995 (k)

Social Security Legislation Amendment Act (No. 1) 1995

104, 1995

29 Sept 1995

Schedule 18 (items 1–3): Royal Assent (l)

Social Security (Non‑Budget Measures) Legislation Amendment Act 1995

105, 1995

29 Sept 1995

Part 4 (ss. 54–58): Royal Assent (m)

ss. 55 and 58

Social Security Legislation Amendment (Family Measures) Act 1995

106, 1995

29 Sept 1995

s. 3(2): 1 Feb 1996 (n)

Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995

143, 1995

12 Dec 1995

Schedule 2 (items 3–10): Royal Assent (o)
Schedule 2 (items 11–13): 1 Jan 1996 (o)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 2 (item 48): (p)

Social Security Legislation Amendment (Budget and Other Measures) Act 1996

84, 1996

23 Dec 1996

Schedule 2 (item 11): 1 July 1997 (q)

Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997

5, 1997

4 Mar 1997

Schedule 3 (items 1, 2): 30 June 1996 (r)

Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997

29, 1997

17 Apr 1997

1 July 1997 (see s. 2)

Income Tax (Consequential Amendments) Act 1997

39, 1997

17 Apr 1997

1 July 1997

Social Security Legislation Amendment (Work for the Dole) Act 1997

109, 1997

7 July 1997

7 July 1997

Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997

196, 1997

8 Dec 1997

Schedule 1 (items 9, 10): (s)

as repealed by

 

 

 

 

A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999

82, 1999

8 July 1999

Schedule 2 (item 2): (sa)

Social Security Legislation Amendment (Parenting and Other Measures) Act 1997

197, 1997

11 Dec 1997

Schedule 6: Royal Assent (t)

Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997

202, 1997

16 Dec 1997

Schedule 23: Royal Assent (u)

Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998

45, 1998

17 June 1998

Schedule 5 (items 28, 29): 1 July 1998 (v)
Schedule 13 (item 9): 1 July 1998 (v)

Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998

93, 1998

15 July 1998

Schedule 7 (item 11): 1 Apr 1998 (w)

Data‑matching Program (Assistance and Tax) Amendment Act 1998

111, 1998

7 Dec 1998

7 Dec 1998

Sch. 1 (item 2)

A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999

83, 1999

8 July 1999

Schedule 5: 1 July 2000 (x)

s. 2(2) (am. by 172, 1999, Sch.2 [item 1])

as amended by

 

 

 

 

Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999

172, 1999

10 Dec 1999

Schedule 2 (item 1): (y)

Youth Allowance Consolidation Act 2000

106, 2000

6 July 2000

Schedule 5 (item 1): Royal Assent (z)

Family and Community Services (2000 Budget and Related Measures) Act 2000

138, 2000

24 Nov 2000

Schedule 4 (item 1): (za)

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001

137, 2001

1 Oct 2001

s. 4 and Schedule 1 (items 68, 69): 2 Oct 2001

s. 4

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

52, 2004

27 Apr 2004

Schedule 3 (item 13): 1 July 2004 (see s. 2)

Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006

108, 2006

27 Sept 2006

Schedule 8 (items 82–86): Royal Assent

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008

63, 2008

30 June 2008

s. 4: Royal Assent
Schedule 3 (items 1, 2): 1 Sept 2008

s. 4 and Sch. 3 (item 2)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 1 (items 17, 18): Royal Assent

Freedom of Information Amendment (Reform) Act 2010

51, 2010

31 May 2010

Schedule 5 (items 27–31) and Schedule 7: (zb)

Sch. 7

Paid Parental Leave (Consequential Amendments) Act 2010

105, 2010

14 July 2010

Schedule 1 (items 34, 35) and Schedule 2 (items 1, 2): 1 Oct 2010 (see s. 2(1))

Sch. 2 (items 1, 2)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 7 (item 46): 19 Apr 2011

Human Services Legislation Amendment Act 2011

32, 2011

25 May 2011

Schedule 4 (items 56–67): 1 July 2011

Paid Parental Leave and Other Legislation Amendment (Dad and Partner Pay and Other Measures) Act 2012

109, 2012

22 July 2012

Schedule 1 (item 106): 1 Oct 2012

Privacy Amendment (Enhancing Privacy Protection) Act 2012

197, 2012

12 Dec 2012

Schedule 5 (items 157–161, 163): 12 Mar 2014
Schedule 5 (item 162): Royal Assent

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 9 (item 2): 24 June 2014

 

(a)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by section 39 only of the Social Security Legislation Amendment Act (No. 2) 1991, subsection 2(4) of which provides as follows:

                   (4)  Part 4 commences immediately after the commencement of Part 3.

                  Part 3 commenced on 1 July 1991.

(b)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by section 106 (Schedule [Part 1]) only of the Social Security Legislation Amendment Act (No. 3) 1991, subsection 2(3) of which provides as follows:

                   (3)  Subject to subsections (2), (4), (5) and (6), Part 5 commences, or is taken to have commenced, on 12 November 1991.

(c)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by section 74 (Schedule 5 [Part 1]) only of the Social Security Legislation Amendment Act (No. 4) 1991, paragraph 2(1)(h) of which provides as follows:

                   (1)  The following provisions commence on the day on which this Act receives the Royal Assent:

                          (h)   Part 1 of Schedule 5;

(d)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by section 117 (Schedule 2 [Parts 1 and 6]) only of the Social Security Legislation Amendment Act 1992, paragraphs 2(1)(g) and (14)(c) of which provide as follows:

                   (1)  The following provisions commence on the day on which this Act receives the Royal Assent:

                           (g)   Part 1 of Schedule 1 and Part 1 of Schedule 2;

                 (14)  The following provisions commence on 1 July 1992:

                           (c)   Part 8 of Schedule 1 and Part 6 of Schedule 2.

(e)              The Social Security Legislation Amendment Act 1992 was amended by Schedule 3 (item 53) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                   (3)  Each item in Schedule 3 is taken to have commenced when the Act containing the item received the Royal Assent.

(f)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 2 (Part 2) only of the Social Security Legislation Amendment Act (No. 2) 1992, subsection 2(21)(d) of which provides as follows:

                 (21)  The following provisions commence, or are taken to have commenced, on 1 January 1993, immediately after the commencement of the Social Security (Family Payment) Amendment Act 1992:

                          (d)   Parts 2 and 3 of Schedule 2;

(g)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by section 6 (Schedule 1 [Part 2]) and Part 3 (sections 90–96) only of the Social Security (Budget and Other Measures) Legislation Amendment Act 1993, subsections 2(1)(d), (2) and (8)(a) of which provide as follows:

                   (1)  The following provisions commence on the day on which this Act receives the Royal Assent:

                          (d)   Division 1 of Part 3.

                   (2)  Subject to subsection (3), Division 2 of Part 3 commences on the day on which this Act receives the Royal Assent.

                   (8)  The following provisions commence, or are taken to have commenced, on 20 March 1994:

                          (a)   Division 2 of Part 2 and Schedule 1.

(h)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Part 3 (sections 54 and 55) only of the Social Security Legislation Amendment Act (No. 2) 1994, subsection 2(3) of which provides as follows:

                   (3)  Divisions 2, 8 and 11 of Part 2, Part 3, Part 4 (other than paragraph 57(a)) commence on 1 July 1994.

(i)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Part 4 (section 60) only of the Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:

                   (1)  Part 1, Divisions 1 and 11 of Part 2 and Parts 3 and 4 commence on the day on which this Act receives the Royal Assent.

(j)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by sections 3(2) (item 158) and 6(2) (items 37 and 43) only of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994, subsections 2(1) and (5) of which provide as follows:

                   (1)  Subject to this section, this Act commences on 1 July 1995.

                   (5)  Paragraph 6(1)(b), subsection 6(2), sections 14 and 15 and Parts 2 and 3 of Schedule 4 commence on 1 January 1995.

(k)              Section 2 of the Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994 provides as follows:

                     2.  This Act commences on 1 January 1995 immediately after the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

(l)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 18 (items 1–3) only of the Social Security Legislation Amendment Act (No. 1) 1995, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(m)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Part 4 (sections 54–58) only of the Social Security (Non‑Budget Measures) Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(n)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by subsection 3(2) only of the Social Security Legislation Amendment (Family Measures) Act 1995, subsection 2(2) of which provides as follows:

                   (2)  Schedules 1, 5 and 6 commence on 1 February 1996.

(o)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 2 (items 3–13) only of the Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995, subsections 2(1) and (3)(a) of which provide as follows:

                   (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                   (3)  The following provisions commence on 1 January 1996:

                          (a)   Parts 1 and 3 of Schedule 2.

(p)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 2 (item 48) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

                   (2)  Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

                  Item 48 is taken to have commenced immediately after the commencement of Schedule 3 of the Social Security Legislation Amendment Act (No. 2) 1991.

                  Schedule 3 commenced immediately after the commencement of Part 3.

                  Part 3 commenced immediately after the commencement of the Social Security (Rewrite) Amendment Act 1991 and the Social Security Act 1991.

                  The Social Security (Rewrite) Amendment Act 1991 and the Social Security Act 1991 came into operation on 1 July 1991.

(q)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 2 (item 11) only of the Social Security Legislation Amendment (Budget and Other Measures) Act 1996, subsection 2(4) of which provides as follows:

                   (4)  Schedules 1, 2, 14, 15 and 16 commence on 1 July 1997.

(r)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 3 (items 1 and 2) only of the Social Security Legislation Amendment (Newly Arrived Resident’s Waiting Periods and Other Measures) Act 1997, subsection 2(2) of which provides as follows:

                   (2)  Schedule 3 is taken to have commenced on 30 June 1996.

(s)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 1 (items 9 and 10) only of the Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997, subsection 2(3) of which provides as follows:

                   (3)  Items 9 and 10 of Schedule 1 commence on the payment commencement day only if, before that day, subparagraphs (c) (xxivd) and (xxive) of the definition of personal assistance in subsection 3(1) of the Data‑matching Program (Assistance and Tax) Act 1990, as in force on 25 August 1997, have not been repealed by another Act.

                  Subparagraphs (c)(xxivd) and (xxive) of the definition of personal assistance in subsection 3(1) were repealed by the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 before a date was fixed for the commencement of Schedule 1 (items 9 and 10).

(sa)            The Child Care Payments (Consequential Amendments and Transitional Provisions) Act 1997 was repealed by Schedule 2 (item 2) only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999, subsection 2(3) of which provides as follows:

                   (3)  Items 1, 2, 4 and 5 of Schedule 2 commence immediately before the day that is the payment commencement day for the purposes of the Child Care Payments Act 1997.

                  The payment commencement day was 19 June 2000.

(t)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 6 only of the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997, subsections 2(1) and (8) of which provide as follows:

                   (1)  Subject to subsections (2) to (8), this Act commences on the day on which it receives the Royal Assent.

                   (8)  Item 3 of Schedule 6 commences only if subparagraphs (c)(xxivd) and (xxive) of the definition of personal assistance in subsection 3(1) of the Data‑matching Program (Assistance and Tax) Act 1990, as in force on 25 August 1997, have not already been repealed by another Act.

(u)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 23 only of the Social Security and Veterans’ Affairs Legislation Amendment (Family and Other Measures) Act 1997, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(v)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 5 (items 28 and 29) and Schedule 13 (item 9) only of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, subsection 2(1) of which provides as follows:

                   (1)  Subject to subsections (2) to (10), this Act commences on 1 July 1998.

(w)             The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 7 (item 11) only of the Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998, subsection 2(9) of which provides as follows:

                   (9)  Schedule 7 commences, or is taken to have commenced, on 1 April 1998.

(x)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 5 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:

                   (2)  Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than items 22, 63, 66 and 67) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.

(y)              The A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 was amended by Schedule 2 (item 1) of the Family and Community Services Legislation Amendment (1999 Budget and Other Measures) Act 1999, subsection 2(4) of which provides as follows:

                   (4)  Schedule 2 commences, or is taken to have commenced, immediately after the commencement of section 2 of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999.

                  Section 2 commenced on 8 July 1999.

(z)              The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 5 (item 1) only of the Youth Allowance Consolidation Act 2000, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(za)            The Data‑matching Program (Assistance and Tax) Act 1990 was amended by Schedule 4 (item 1) only of the Family and Community Services (2000 Budget and Related Measures) Act 2000, subsection 2(2)(c) of which provides as follows:

                   (2)  The following provisions:

                           (c)   item 1 of Schedule 4;

                          commence on 1 January 2001.

(zb)            Subsection 2(1) (item 7) of the Freedom of Information Amendment (Reform) Act 2010 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

7.  Schedules 4 to 7

Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010.

However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all.

1 November 2010

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s. 2A....................................

ad. No. 137, 2001

s. 3.......................................

am. Nos. 115, 175 and 194, 1991; Nos. 81, 138 and 229, 1992; No. 121, 1993; Nos. 55, 109, 164, 174 and 184, 1994; Nos. 104, 105, 106 and 143, 1995; Nos. 43 and 84, 1996; Nos. 29, 39, 109, 197 and 202, 1997; No. 45, 1998; No. 83, 1999; No. 106, 2000; No. 52, 2004; Nos. 63 and 73, 2008; No. 105, 2010; No. 32, 2011; No. 109, 2012

s. 3A....................................

ad. No. 29, 1997

 

am. No. 108, 2006; No. 32, 2011

Part 2

 

s. 4.......................................

am. No. 29, 1997; No. 32, 2011

s 5........................................

am No 197, 2012

s. 7.......................................

am. Nos. 81 and 205, 1992; No. 121, 1993; Nos. 105 and 143, 1995; Nos. 5 and 197, 1997; No. 138, 2000

s. 8.......................................

rs. No. 197, 1997

s. 9.......................................

am. No. 205, 1992

s. 10.....................................

am. No. 81, 1992; No. 121, 1993; No. 29, 1997; No. 51, 2010; Nos. 5 and 32, 2011

s. 11.....................................

am. Nos. 81 and 205, 1992

hdg to s 12...........................

rs No 197, 2012

s. 12.....................................

am. No. 205, 1992; No. 121, 1993; No. 143, 1995; No. 108, 2006

 

rs. No. 51, 2010

 

am No 197, 2012

s. 13.....................................

am. No. 51, 2010; No. 197, 2012

s. 14.....................................

am. No. 51, 2010; No 197, 2012

s. 15.....................................

am. No. 137, 2001

s. 15A..................................

ad. No. 121, 1993

Pt 3......................................

rep No 31, 2014

s 16......................................

rep No 31, 2014

s 17......................................

rep No 31, 2014

s 18......................................

rep No 31, 2014

s 19......................................

rep No 31, 2014

s 20......................................

rep No 31, 2014

s. 21.....................................

am. No. 205, 1992; No. 121, 1993

 

rs. No. 143, 1995

 

rep. No. 111, 1998

Schedule..............................

rep. No. 51, 2010

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]