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Privacy (Tax File Number) Rule 2015

I, Timothy Pilgrim, Privacy Commissioner, make this Rule under section 17 of the Privacy Act 1988.

Dated: 20 February 2015

Timothy Pilgrim
Privacy Commissioner

Privacy (Tax File Number) Rule 2015

Part 1 - Preliminary

  1.     Name of Rule
  (1)   The Rule is the Privacy (Tax File Number) Rule 2015.
  (2)   The Rule may also be cited as the TFN Rule.

  2.     Commencement
This Rule commences the day it is registered on the Federal Register of Legislative Instruments (FRLI).

  3.     Authority
This Rule is issued by the Privacy Commissioner under section 17 of the Privacy Act 1988 (Privacy Act).

  4.     Repeal
The Tax File Number Guidelines 2011 registered on the FRLI (the Federal Register of Legislative Instruments No. F2011L02748) is repealed when this TFN Rule commences.

  5.     Overview
  (1)   The TFN Rule replaces the previous Tax File Number Guidelines 2011. The TFN Rule, which is legally binding, regulates the collection, storage, use, disclosure, security and disposal of individuals' tax file number (TFN) information.

  (2)   The TFN Rule only applies to the TFN information of individuals and does not apply to TFN information about other legal persons including corporations, partnerships, superannuation funds and trusts.

  (3)   A breach of the TFN Rule is an interference with privacy under the Privacy Act.  Individuals who consider that their TFN information has been mishandled may make a complaint to the Information Commissioner. As well as constituting a breach of the TFN Rule, unauthorised use or disclosure of TFNs can be an offence under the Taxation Administration Act 1953 (TAA) and attract penalties including imprisonment and monetary fines.

  (4)   Sections 8WA and 8WB of the TAA create offences for unauthorised requirements or requests that a person's TFN be quoted; and the unauthorised recording, maintaining a record of, use or disclosure of an individual's TFN respectively, unless an exception applies. However, unlike the TFN Rule, the TAA protects all TFNs and not just those of individuals.

  (5)   Provisions regulating TFNs are also contained in the Income Tax Assessment Act 1936. In addition, the Data-matching Program (Assistance and Tax) Act 1990 provides for, and regulates, the matching of records between the Australian Taxation Office and assistance agencies using the TFN in part of the matching process.

  (6)   In the context of superannuation, Part 25A of the Superannuation Industry (Supervision) Act 1993 (SIS Act) also contains rules and restrictions on the quotation, use and transfer of TFNs. Furthermore, under the SIS Act, the Australian Prudential Regulation Authority can make legislative instruments which approve the manner of quoting TFNs.

  6.      Meaning of terms
  (1)   Unless the contrary intention appears, any term used in the TFN Rule which is defined in the Privacy Act has the