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20 Sep 12 One s 264 notice valid and one invalid - ANZ

The Full Federal Court (Kenny, Edmonds and Robertson JJ) has partially upheld the appeal of the Australia and New Zealand Banking Group Limited (ANZ) from the decision of Landerer J in Australia and New Zealand Banking Group Limited v Konza [2012] FCA 196.

Landerer J held that two notices issued to ANZ by the Commissioner under s 264 ITAA 1936 were valid. The notices required ANZ to produce certain information about customers who have or who have had accounts with it or any of its subsidiaries in Vanuatu. All the information was located in Australia.

The Full Federal Court held that one of the two notices was invalid for the uncertainty of the information it required ANZ to furnish and that that uncertainty so infected the notice that the invalidity could not be cured by severance of the offending parts. In particular, the notice referred to "officers" or "officer" of the customer, who were not readily identifiable by ANZ.

However, the Full Federal Court upheld the validity of the other notice, despite the taxpayer's arguments that disclosure would be a breach of the law of Vanuatu .

Australia and New Zealand Banking Group Limited v Konza [2012] FCAFC 127 (Full Federal Court; Kenny, Edmonds and Robertson JJ; 12 September 2012).

 


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