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Officeholder data

Find out about Officeholder data and what we do with the data we collect under the program.

Published 2 November 2023

Officeholder data overview

Officeholder data will support the identification of companies and individuals for administrative action.

Data analytics and insights

Linking to officeholder data as recorded on the ASIC Companies Register, ORIC register of Aboriginal and Torres Strait Islander corporations, and the ACNC Charity register helps us administer the director ID service by:

  • linking a director ID holder and their company appointments
  • informing individuals who hold an appointment within a company of their obligations to obtain a director ID by issuing advisory educational emails and letters
  • avoiding unnecessary contact with individuals who are correctly meeting their director ID obligations.

Previous related programs

As part of the delivery of the director ID service, the ABRS matched company directors from ASIC to their ATO record. This enabled the ABRS to identify those directors with an obligation to apply for a director ID and provide them with tailored support to apply.

Data providers

We are a data matching agency and the data obtained during this data-matching program will be used by us and the ABRS.

Data will be obtained from the following:

  • Australian Securities and Investments Commission
  • Office of the Registrar of Indigenous Corporations
  • Australian Charities and Not-for-profits Commission
  • Australian Business Registry Service.

Eligibility as a data provider

We adopt a principles-based approach to ensure that our selection of data providers is fair and transparent.

Data will be obtained from ASIC, ORIC, and ACNC, based on their functions and powers to administer company, Indigenous corporation, and charity registrations.

Our formal information gathering powers

To ensure statutory requirements are met, we may obtain data under our formal information gathering powers. These are contained in section 353-10 of Schedule 1 to the Taxation Administration Act 1953.

This is a coercive power, and data providers are obligated to provide the information requested.

We may use the data for tax and super compliance purposes.

Data disclosure

Subsections 1274(2) and 1274A of the Corporations Act (2001) authorise the disclosure of publicly available officeholder information by ASIC.

Subsection 127(2A) of the Australian Securities and Investments Commission Act (2001) authorises the disclosure of confidential information by ASIC to the Commissioner of Taxation.

Subsection 17(3) of the Commonwealth Registers Act 2020 authorises the disclosure of information from the ABRS to the ATO.

Paragraph 604-25(4)(f) of the Corporations (Aboriginal and Torres Strait Islander) Act (2006) authorises the disclosure of protected information to the ATO.

ACNC Data is disclosed to the ATO under legislative authority of:

  • Section 150-40 of the Australian Charities and Not-for-profit Commission Act (2012), and the Australian Charities and Not-for-profit Commission (Consequential and Transitional) Act (2012)
  • the Australian Charities and Not-for-profits Commission Regulation 2013
  • the Charities Act 2013.

Privacy Act

Data will only be used within the limits prescribed by Australian Privacy Principle 6 (APP6) contained in Schedule 1 of the Privacy Act and in particular:

  • APP6.2(b) – the use of the information is required or authorised by an Australian law
  • APP6.2(e) – the ATO reasonably believes that the use of the information is reasonably necessary for our enforcement-related activities.

Data elements we collect

We will collect data for the 2023-24 and 2024-25 financial years.

Client identification details – individuals

Identification details include:

  • given and surname(s)
  • date(s) of birth
  • place of birth (country and state)
  • addresses (residential, postal, other)
  • Australian business number (if applicable)
  • email address
  • contact phone number.

Client identification details – non-individuals

Identification details include:

  • business, corporation, or charity name
  • organisation class
  • organisation type
  • organisation status
  • addresses (business, postal, registered, other)
  • Australian business number
  • Indigenous corporation number (if applicable)
  • contact name
  • contact phone number
  • email address
  • state of incorporation
  • charity status (if applicable)
  • Australian Company Number or Australian Registered Body Number (if applicable).

Officeholder Role details

Officeholder Role Details include:

  • officeholder type (i.e., person or organisation)
  • role type (i.e., Director, Secretary, Liquidator)
  • organisation type
  • officeholder role start date
  • officeholder role end date
  • address number for the officeholder
  • address of the officeholder.

Number of records

We expect to collect data on approximately 11 million individuals.

Data quality

We anticipate that the data quality will be of a high standard as there is a requirement for government entities and agencies to account for and report on data relating to directors.

Data retention

We collect data weekly under this program for all financial years from 2023-24 to 2024-25. The data is then matched, with the matched dataset refreshed with each new weekly data collection.

We destroy data that is no longer required in accordance with the Archives Act 1983, and the records authorities issued by the National Archives of Australia, for both general and ATO-specific data.

 

 

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