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 After Prohibition was repealed, Ness was reassigned to the government's Alcohol Tax Unit and was put in charge of enforcing tax laws in the "Moonshine Mountains" of Ohio, Kentucky and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

Welcome to the New World Order of Oligarachy.The Global elites like socialism because it centralises power and since they can control our Govts they can profit and be more powerful.

Take the example of health.Here it is supposedly free.We pay enormous taxes for drugs,and health services.Because it appears to be free,people over utilise it and thus we all pay more for less.Look at our tolled roads and thousands of private entities servicing bloated useless self serving bureaucracies.We have regulation based upon regulation for no useful purpose.

I see the total collapse of Western Civilisation in the next few years unless we get back to the basics of freedom of the individual and a monetary system not controlled by the global central banks.

China and Russia will be the new world powers and we will be the new third world white trash.

To follow on from *CJ* one of the things that I find thoroughly repugnant in all of this stems from the fact that the Australian system of guvment is "supposed" to be founded in part upon the principal of checks and balances across the 3 tiers:

1. Executive
2. Legislative
3. Judicial

i.e in this matter of the powers of the "A.T.O." to break & enter, if they are unregulated by the judiciary in the form of them having to seek a warrant

(and someone well versed in civil liberties could no doubt expound upon the reasons why far better than I)

then there is in fact no real check and balance at all.

j.howard also did much to erode this principal with his tin pot "Illegal Immigrant Tribunals" and then of course there is the bypassing of the processes of the UN in the "Iraq war" and no doubt there are plenty of other examples.

With respect to Foxy, the OmbudsPerson is laughable, with all there mealy mouthed insipid claptrap about conventions and social graces.

Admittedly, I haven't read this piece of legislation, but I would suspect that they can do as they damn well please, but will play a nice little game of social graces if and only if you pass the "attitude test."

Essentially, the guvment is full of people who have delusions of grandeur, in that they believe that they know better, as evidenced by the fact that they under mine the very foundation of the system of guvment currently in force in Australia by circumventing the checks and balances of the judiciary on the one hand, and refusing to re-vamp and re-regulate the legal system generally to make it more time and cost effective on the other.

Bin the band aided Constitution and bring on a Republic I say!

C J Morgan

Yes, that neatly encapsulates my concerns.

Foxy

Hi, The Ombudsman would have looked at compliance with available regulations (most resulting from ministerial delegation) and procedural aspects (which he criticised), while accepting that the powers exist. In the circumstances I imagine he would have stayed within his brief. I imagine that a judge might have said something different entirely.

Austin Powerless

Heh, heh, sjamboks are available in synthetic and are equally effective. That way you could tap them between the eyes and still be legal (apologies for the 'tap' pun).

examinator, "(if) the ATO have you well in focus,and have time to arrange a locksmith why then, they couldn't/shouldn't get a warrant."

Yes, exactly.

General comment
The total number of raids is astonishing. As a public body the ATO can easily hide behind privacy, confidentiality and maybe even security to hide and obscure the reasons for its raids and the success of them.

Frankly to ensure accountability and transparency I would like to see a representative of the public and at least one senior auditor from private enterprise on the audit committees of government departments.

The ATO is it's own law. If you are stealing from the ATO you are stealing from AU
What other crime carries the significance of stealing from every other person in AU.
If you don't have anything to worry about whats the problem. [skweaky kleen.]

Desmond you have a very limited view of fairness and democracy.We live in an oligarchy which means Corporate enterprises now take much of our dollars.The corporate media determine who will be our next Govt by virtue of their donations and market influence.

The Tax office in reality is just another corporate agency to collect money from the masses to pay for over serviced medical,toll roads,and annointed corporate contractors who sing the right tune.

The best form of democratic Govt is small Govt with few taxes and the general populace who take responsibility for their actions.The Nanny State equals self destruction.

The power that the ATO get is actually from the Excise Act where they are allowed to enter any property without warrent.
Surprising how many illicit stills there are around.
The excise responsibilty was originally under the Customs portfolio but this power is now under the Taxation Office.
Maybe if Desmond arrives at work one day to find the place full of auditors and the office records marching out the door, he might change his mind.

Desmond I'd happily put murder, child abuse, rape, violent robbery etc well ahead of someone cheating on taxes.

The argument that if you are not doing anything wrong you have nothing to fear can be misused in a variety of ways. It's on old excuse dragged out all to often to defend governments choosing to ignore the freedoms and rights of individuals.

There should be the usual checks and balances in place, as others have pointed out if they have time to get a locksmith they should have time to convince an external party that they have reasonable cause to do the raid.

R0bert

Posted by ponde, Wednesday, 17 February 2010 8:13:32 PM

" ... "

Ah yes, thankU for that. Incidentally, what kind of ponde r U?
A Gold Fish Ponde?
A Stagnant Ponde?
A Special Brew Water Ponde perhaps?

The mind boggles.

..

Indeed, I had noted on the Attorney Guvna's site that the "Distallation Act" had been repealed and replaced by the Excise and something or other, but as of last I looked, it Still hadn't been updated. No doubt they'll get around to it. I am looking forward to having a read.

Oh, and what's that you say? Lots of illicit stills? .. I'm shocked! How wicked! It's amazing to think of how many rogues there are in this our Australia.

;-)