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05 Dec 12 Decision Impact Statement - ANZ

The ATO has published a Decision Impact Statement in relation to the Full Federal Court decision in Australia and New Zealand Banking Group Limited v Konza [2012] FCAFC 127; 2012 ATC 20-347.

The decision concerned whether two notices requiring information under the ITAA 1936 about Vanuatu bank accounts held by customers of ANZ's Vanuatu subsidiary were invalid and, if valid, whether the notices were capable of being complied with. The information was held in Australia.

The Full Federal Court upheld the validity of the first notice but held that the second notice was uncertain in relation to so much of the information sought that referred to "officers" of the relevant customers.

The Decision Impact Statement states that the ATO accepts that it was open to the Full Federal Court to find that parts of the second notice were uncertain, and that those parts could not be properly severed from the rest of the notice.


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