Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 191

RSA standards officers not to disclose information

(1) Subject to this section, a person who is or has been an RSA standards
officer must not, except for the purposes of this Act or any other Act of
which the Commissioner has the general administration, directly or indirectly:

   (a)  disclose to any person, or to a court, any protected information
        acquired by the first-mentioned person in the course of his or her
        duties as an RSA standards officer; or

   (b)  produce to any person, or to a court, a protected document. Penalty:
        Imprisonment for 2 years.

Exceptions-public contact information

(2) Subsection (1) does not prohibit the Commissioner from disclosing:

   (a)  the names of entities that are RSA providers or RSA institutions for
        the purposes of this Act; and

   (b)  the addresses at which business relating to entities referred to in
        paragraph (a) is conducted; and

   (c)  any other information that is reasonably necessary to enable members
        of the public to contact a person who performs functions in relation
        to RSAs.

Exceptions-compliance information

(3) Subsection (1) does not prevent the Commissioner from disclosing any or
all of the following information about an RSA provider:

   (a)  whether or not the RSA provider has lodged a return under section 44
        in respect of a particular year of income;

   (b)  whether or not a notice, or a particular kind of notice, has been
        given by the Commissioner under section 92 in relation to an RSA
        provider in respect of a particular year of income.

Exception-notifying the professional association of an approved auditor

(4) Subsection (1) does not prevent the Commissioner from disclosing protected
information, or producing a protected document, to persons in accordance with
subsection 68(1). Exception-consent to disclosures relating to an RSA provider

(5) Subsection (1) does not prohibit an RSA standards officer from disclosing
information, or producing a document (other than a report of an inspector),
relating to the affairs of an RSA provider if the RSA provider agrees in
writing to the disclosure of the information or the production of the
document, as the case may be. Exception-consent to disclosures relating to an
individual

(6) Subsection (1) does not prohibit an RSA standards officer from disclosing
personal information relating to an individual, or producing a document that
contains such information, if the individual agrees in writing to the
disclosure of the information or the production of the document, as the case
may be. Exceptions-disclosure to specified persons or bodies

(7) Subsection (1) does not prohibit an RSA standards officer from disclosing
protected information, or producing a protected document (other than a report
of an inspector), to:

   (a)  the Commissioner of Taxation or a taxation officer authorised by the
        Commissioner of Taxation for the purposes of this section; or

   (b)  the Minister, the Secretary of the Department or an officer of the
        Department authorised by the Secretary of the Department for the
        purposes of this section; or

   (c)  a court for the purposes of this Act or any other Act of which the
        Commissioner has the general administration; or

   (d)  the Superannuation Complaints Tribunal for the purposes of the
        performance of any of its functions or the exercise of any of its
        powers; or

   (e)  the Australian Securities Commission for the purposes of the
        performance of any of its functions or the exercise of any of its
        powers; or

   (f)  a financial sector supervisory agency for the purposes of the
        performance of any of its functions or the exercise of any of its
        powers; or

   (g)  an overseas financial sector supervisory agency for the purposes of
        the performance of any of its functions or the exercise of any of its
        powers; or

   (h)  the Australian Statistician, or an officer of the Australian Bureau of
        Statistics, for purposes in connection with statistics; or

   (i)  if the Minister states in writing that, in his or her opinion, it is
        in the public interest that the information be disclosed or the
        document be produced to a particular person-that person; or

   (j)  if the Minister states in writing that, in his or her opinion, it is
        in the public interest that the information be disclosed or the
        document be produced to members of the public-a member of the public.
        Limitation on disclosure of personal information

(8) Paragraphs (7)(i) and (j) do not authorise the disclosure of information,
or the production of a document, relating to the personal affairs of an
individual if the disclosure or production, as the case requires, would be
unreasonable in the circumstances.

(9) Subsection (1) does not prohibit an RSA standards officer from disclosing
protected information, or producing a protected document, to:

   (a)  a law enforcement agency; or

   (b)  a member of the staff referred to in subsection 13(1) of the
        Insurance and Superannuation Commissioner Act 1987; or

   (c)  a person engaged under subsection 13(3) of that Act.

(10) A person who is or has been an RSA standards officer may only disclose
protected information, or produce a protected document, to a law enforcement
agency for the purposes of the performance by the agency of its functions in
relation to an offence against a law of the Commonwealth, of a State or of a
Territory.

(11) A person who is or has been an RSA standards officer may only disclose
protected information, or produce a protected document, to a person referred
to in paragraph (9)(b) or (c) for the purposes of the performance of the
Commissioner's functions, or the exercise of the Commissioner's powers, under
a law of the Commonwealth. Members of the professional association not to
disclose information

(12) If, under subsection (4), the Commissioner disclosesprotected
information, or produces a protected document, topersons in accordance with
subsection 68(1), those persons:

   (a)  must not disclose the information, or produce the document, to any
        other person; and

   (b)  must not use the information or those documents for any purpose other
        than deciding whether or not to take disciplinary or other action or
        taking that action. Penalty: Imprisonment for 2 years.

(13) Subsection (12) does not prevent disclosure of protected information or
protected documents to a court for the purpose of proceedings in respect of
disciplinary or other action:

   (a)  that is taken or proposed to be taken against an auditor; and

   (b)  to which the protected information is, or the protected documents are,
        relevant.

Disclosure to court

(14) A person who is or has been an RSA standards officer cannot be required
to disclose to a court any protected information, or to produce in a court any
protected document, except when it is necessary to do so for the purposes of
this Act or any other Act of which the Commissioner has the general
administration.

(15) Subsection (1) does not prohibit a person from disclosing information, or
producing a document, if the information, or the information contained in the
document, as the case may be, is in the form of a summary or collection of
information that is so prepared that information relating to any particular
person cannot be found out from it.

Application of tax secrecy provisions

(16) If protected information is disclosed, or a protected document is
produced, under paragraph (7)(a) to the Commissioner of Taxation or to a
taxation officer, the information, or the information contained in the
document, is taken, for the purposes of section 16 of the
Income Tax Assessment Act, to be information acquired by the Commissioner of
Taxation or taxation officer in the manner mentioned in the definition of
officer in subsection 16(1) of that Act.

Department to observe secrecy requirements

(17) If protected information is disclosed, or a protected document is
produced, under paragraph (7)(b) to the Secretary of the Department or to an
officer of the Department, the Secretary or officer must not, except for the
purpose of advising the Minister in connection with the administration of this
Act or any other Act of which the Commissioner has the general administration,
directly or indirectly make a record of, or disclose to any person, the
information, or the information contained in the document, as the case may be.
Penalty: Imprisonment for 2 years.

(18) If protected information is disclosed, or a protected document is
produced, under paragraph (7)(h) to the Australian Statistician or to an
officer of the Australian Bureau of Statistics, then the information, or the
information contained in the document, is taken to be information given for
the purposes of the Census and Statistics Act  1905 .

Application of FOI Act

(19) A protected document or a document containing protected information is an
exempt document for the purposes of section 38 of the
Freedom of Information Act 1982.

Definitions

(20) In this section:
court includes a tribunal, authority or person having the power to require the
production of documents or the answering of questions.
financial sector supervisory agency means a person or body declared by the
regulations to be a financial sector supervisory agency for the purposes of
this section.
law enforcement agency means a person or body declared by the regulations to
be a law enforcement agency for the purposes of this section.
overseas financial sector supervisory agency means a person or body declared
by the regulations to be an overseas financial sector supervisory agency for
the purposes of this section.
this Act includes the regulations.

(21) At the end of 5 years after the commencement of this subsection, the
following are taken to be repealed:

   (a)  paragraphs (7)(f) and (g);

   (b)  subsections (9), (10) and (11);

   (c)  the definitions of financial sector supervisory agency, law
        enforcement agency and overseas financial sector supervisory agency in
        subsection (20).