I was astonished by a news story in the SMH today Feb 16, 2010 that ATO staff can break into premises including private homes without the need for a search warrant. Somehow I had always believed (foolishly, it now appears) that such raids would have been approved by a magistrate at least. Here is the story:

http://www.smh.com.au/national/taxman-free-to-break-in-to-homes-20100215-o2vn.html

The Tax Office says it has no knowledge of total number of raids per annum, because it kept "no central register of records in relation to the use of access powers" (yeah, right!). An earlier Senate estimate was 280,000 raids without warrants yearly. No mention was made of the number of successful 'convictions' and there was no apparent concern that the ATO is also the judge and jury, and ATO also makes the rules.

One million plus raids without warrant every three and a half years, or 2.8 million every ten years has got to be over-kill, hasn't it? How many taxpayers are there anyhow?

Completely unabashed by its apparent lack of records of the number of raids, the ATO justified its powers by claiming that a warrant-based system would waste staff time (tell that to the police) and might limit the number of raids.

Compared with the ATO, Elliott Ness was an amateur.

we also have the right to resist 'home invasions' by the use of 'reasonable force'. 'Reasonable force' can be quantified by how much danger you perceive yourself to be in. I would view an invasion by tax agents as life-threatening and would have to react accordingly.

Cornflower,
I think maybe your preamble was a little hyper, legal break and enter, Judge an jury is a bit extreme. On the surface, I don't see why, if as indicated, the ATO have you well in focus,and have time to arrange a locksmith why then, they couldn't/shouldn't get a warrant.

By the way, the police can raid your house without a warrant too but its called emergent circumstances "they have reasonable concern that life is at risk or a major crime is under way."
I think you will find there is redress if it turns out to be the wrong house etc

Posted by Cornflower, Tuesday, 16 February 2010 6:09:53 AM

" ... Compared with the ATO, Elliott Ness was an amateur. ... "

http://ifip.com/ness.html

" ... After Prohibition was repealed, Ness was reassigned to the government's Alcohol Tax Unit and was put in charge of enforcing tax laws in the "Moonshine Mountains" of Ohio, Kentucky and Tennessee. ... "

<snicker, snicker>

Dear Cornflower,

I came accross this website:

http://www.canberratimes.com.au/news/local/news/general/tax-man-breakins-appropriate/1751166.aspx

It may shed some light on the matter.

I agree that, on the face of it at least, this practice appears to be a pretty gross infringement of civil rights by the State. Further, I don't see why the ATO shouldn't be required to get a warrant prior to such instances, in much the same way that police do.