Fire Services Funding (Feasibility Study) Act 2009

i Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 TABLE OF PROVISIONS Section 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 -- 1 of 8 -- 1 Fire Services Funding (Feasibility Study) Act 2009 † No. 86 of 2009 [Assented to 15 December 2009] 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. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 2 3 Principal Act In this Act, the Taxation Administration Act 1997 is called the Principal Act. 4 Definitions 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 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 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 116A Power to conduct feasibility study (1) The Commissioner may conduct feasibility studies in the public interest. s. 3 See: Act No. 40/1997. Reprint No. 4 as at 29 February 2008 and amending Act No. 84/2008. LawToday: www. legislation. vic.gov.au -- 3 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 3 (2) Without limiting subsection (1), the Commissioner may conduct a feasibility study in relation to fire services funding. 116B Power to require information for 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 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 (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 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 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 obtaining of information for the purposes of a feasibility study. s. 6 -- 4 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 4 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 person. 116D Use of information obtained for feasibility study A person must not use any information obtained under this Part for a purpose other 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 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 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 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 under this Part— (a) to any person employed or engaged in the administration or enforcement of a taxation law or another law under the s. 6 -- 5 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 5 general administration of the Commissioner, if the disclosure is for the purpose of the conduct of a feasibility study; or (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 (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 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 (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. 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 disclosure and— (a) the disclosure is for a purpose set out in section 116G(a) or (b); or s. 6 -- 6 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 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. 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. __________________". ═══════════════ s. 6 -- 7 of 8 -- Fire Services Funding (Feasibility Study) Act 2009 No. 86 of 2009 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 November 2009 Legislative Council: 27 November 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Taxation Administration Act 1997 in relation to feasibility studies and for other purposes." Endnotes -- 8 of 8 --