Tax Agent Services Act 2009 (Cth)

Tax Agent Services Act 2009 No. 13, 2009 Compilation No. 26 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Tax Agent Services Act 2009 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction Division 1—Preliminary 1‑1 Short title 1‑5 Commencement 1‑10 Extension of Act to external Territories 1‑15 General administration of Act Division 2—Overview of this Act Subdivision 2‑A—Objects 2‑5 Object Subdivision 2‑B—Guide 2‑10 General guide to each Part Division 3—Explanation of the use of defined terms 3‑5 When defined terms are identified 3‑10 When defined terms are not identified Part 2—Registration Division 20—Registration Guide to this Division 20‑1 What this Division is about Subdivision 20‑A—Eligibility for registration 20‑5 Eligibility for registration as registered tax agent or BAS agent 20‑10 Regulations may prescribe system regarding professional associations 20‑15 Criteria for determining whether an individual is a fit and proper person Subdivision 20‑B—Applying for registration 20‑20 Application for registration 20‑25 Registration 20‑30 Board to notify you of grant of registration 20‑35 Commencement and duration of registration 20‑40 Variation of conditions of registration 20‑45 Certain events may affect your continued registration Subdivision 20‑C—Renewing registration 20‑50 Renewal of registration Part 3—The Code of Professional Conduct Division 30—The Code of Professional Conduct Guide to this Division 30‑1 What this Division is about Subdivision 30‑A—The Code of Professional Conduct 30‑5 Application of the Code of Professional Conduct 30‑10 The Code of Professional Conduct 30‑12 Minister may determine Code of Professional Conduct obligations Subdivision 30‑B—Your liability for administrative sanctions 30‑15 Sanctions for failure to comply with the Code of Professional Conduct 30‑20 Orders 30‑25 Suspension 30‑30 Termination Subdivision 30‑C—Other obligations 30‑35 Obligation to notify a change of circumstances 30‑40 Obligation to notify of significant breaches of the Code of Professional Conduct Part 4—Termination of registration Division 40—Termination of registration Guide to this Division 40‑1 What this Division is about Subdivision 40‑A—Grounds for terminating registration 40‑5 Termination of registration—individuals 40‑10 Termination of registration—partnerships 40‑15 Termination of registration—companies Subdivision 40‑B—Notice and effect of termination 40‑20 Notification of decision to terminate registration and when termination takes effect 40‑25 Period during which you may not apply for registration Part 4A—Disqualified entities Division 45—Disqualified entities Guide to this Division 45‑1 What this Division is about 45‑5 Approval of disqualified entity providing tax agent services on your behalf 45‑10 Obligation to give notice if you are a disqualified entity 45‑15 Obligation to give notice if you become a disqualified entity 45‑20 Transitional obligation to give notice if you are a disqualified entity at the commencement of this section Part 5—Civil penalties Division 50—Civil penalties Guide to this Division 50‑1 What this Division is about Subdivision 50‑A—Conduct that is prohibited without registration 50‑5 Providing tax agent services if unregistered 50‑10 Advertising tax agent services if unregistered 50‑15 Representing that you are a registered tax agent or BAS agent if unregistered Subdivision 50‑AA—Conduct that relates to tax (financial) advice services 50‑17 Providing tax (financial) advice services if not registered or qualified 50‑18 Advertising tax (financial) advice services if not registered or qualified Subdivision 50‑B—Other civil penalties 50‑20 Making false or misleading statements 50‑25 Employing or using the services of deregistered entities 50‑30 Signing of declarations etc. Subdivision 50‑C—Obtaining an order for a civil penalty 50‑35 Federal Court may order you to pay a pecuniary penalty for contravening a civil penalty provision 50‑40 Treatment of partnerships 50‑45 Recovery of a pecuniary penalty Part 6—The Tax Practitioners Board Division 60—The Tax Practitioners Board Guide to this Division 60‑1 What this Division is about Subdivision 60‑A—Establishment, functions and powers of the Board 60‑5 Establishment 60‑10 Membership 60‑15 Functions 60‑20 Powers Subdivision 60‑B—Appointment etc. of members of the Board 60‑25 Appointment 60‑30 Term of appointment 60‑35 Remuneration and allowances 60‑40 Leave of absence 60‑45 Outside employment 60‑50 Disclosure of interests 60‑55 Resignation 60‑60 Termination of appointment 60‑65 Terms and conditions of appointment not provided for by Act 60‑67 Acting appointments Subdivision 60‑C—Board procedures 60‑70 Meetings 60‑75 Decisions without meetings 60‑80 Administrative support for the Board Subdivision 60‑D—Committees etc. 60‑85 Establishment of committees 60‑90 Remuneration and allowances of committee members Subdivision 60‑E—Investigations 60‑95 Investigations 60‑100 Power to request production of a document or thing 60‑105 Power to require witnesses to appear before the Board 60‑110 Power to take evidence on oath or affirmation 60‑115 Self‑incrimination 60‑120 Board may retain documents and things 60‑125 Outcomes of investigations Subdivision 60‑F—Public reporting obligations of the Board 60‑130 Annual report 60‑135 Register 60‑140 Publication of information Subdivision 60‑G—Finance 60‑145 Tax Practitioners Board Special Account 60‑150 Credits to the Tax Practitioners Board Special Account 60‑155 Purposes of the Tax Practitioners Board Special Account Part 7—Miscellaneous Division 70—Miscellaneous Guide to this Division 70‑1 What this Division is about Subdivision 70‑A—Injunctions 70‑5 Injunction to restrain or require certain conduct Subdivision 70‑B—Administrative review 70‑10 Administrative review Subdivision 70‑C—Provisions affecting trustees and partnerships 70‑15 How this Act applies to an individual or company in the capacity of a trustee 70‑20 Continuity of partnerships Subdivision 70‑D—Provisions relating to the Board 70‑25 Immunity from legal action 70‑30 Delegation by Board Subdivision 70‑E—Miscellaneous 70‑35 Official information not to be disclosed 70‑40 Exceptions to the prohibition on disclosure of official information 70‑45 On‑disclosure of official information 70‑50 Legal professional privilege 70‑55 Regulations Subdivision 70‑F—Address for service of notices 70‑60 Address for service of notices 70‑65 How documents may be given Part 8—Interpretation Division 80—Rules for interpreting this Act 80‑1 What forms part of this Act 80‑2 What does not form part of this Act 80‑5 The role of Guides in interpreting this Act Division 90—Dictionary 90‑1 Dictionary 90‑5 Meaning of tax agent service 90‑10 Meaning of BAS service 90‑15 Meaning of tax (financial) advice service Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the Tax Practitioners Board and to provide for the registration of tax agents and BAS agents, and for related purposes Part 1—Introduction Division 1—Preliminary Table of sections 1‑1 Short title 1‑5 Commencement 1‑10 Extension of Act to external Territories 1‑15 General administration of Act 1‑1 Short title This Act may be cited as the Tax Agent Services Act 2009. 1‑5 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Part 1 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 26 March 2009 2. Parts 2 to 5 A single day to be fixed by Proclamation. 1 March 2010 A Proclamation must not specify a day that occurs before the day on which the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent. (see F2009L04314) However, if any of the provision(s) do not commence within the period of 9 months beginning on the day on which the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 receives the Royal Assent, they commence on the first day after the end of that period. If the provision(s) commence in this way, the Minister must announce by notice in the Gazette the day on which the provision(s) commenced. 3. Sections 60‑1 to 60‑90 The day on which this Act receives the Royal Assent. 26 March 2009 4. Sections 60‑95 to 70‑20 At the same time as the provision(s) covered by table item 2. 1 March 2010 5. Sections 70‑25 to 70‑45 The day on which this Act receives the Royal Assent. 26 March 2009 6. Sections 70‑50 and 70‑55 At the same time as the provision(s) covered by table item 2. 1 March 2010 7. Part 8 The day on which this Act receives the Royal Assent. 26 March 2009 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 1‑10 Extension of Act to external Territories This Act extends to every external Territory. 1‑15 General administration of Act The Board has the general administration of this Act. Division 2—Overview of this Act Table of Subdivisions 2‑A Objects 2‑B Guide Subdivision 2‑A—Objects Table of sections 2‑5 Object 2‑5 Object (1) The object of this Act is to support public trust and confidence in the integrity of the tax profession and of the tax system by ensuring that *tax agent services are provided to the community in accordance with appropriate standards of professional and ethical conduct. (2) This is to be achieved by (among other things) providing for: (a) the registration and regulation, by a national Board, of entities that provide *tax agent services; and (b) a *Code of Professional Conduct for *registered tax agents and BAS agents; and (c) sanctions to discipline entities in relation to their conduct as a *registered tax agent or BAS agent; and (d) sanctions where tax agent services are provided otherwise than in accordance with this Act. Subdivision 2‑B—Guide Table of sections 2‑10 General guide to each Part 2‑10 General guide to each Part (1) You need to be registered to provide *tax agent services for a fee or to engage in other conduct connected with providing such services. Part 2 sets out the requirements for registration. (2) Once registered, you must comply with several requirements, in particular, the *Code of Professional Conduct. The Code is set out in Part 3. (3) Part 4 sets out the circumstances in which your registration can be terminated. (4) Part 5 provides for civil penalties aimed at ensuring your compliance with this Act. (5) Part 6 establishes the Tax Practitioners Board and sets out the Board's functions and powers. The Board may investigate breaches of this Act and has certain reporting obligations. (6) Part 7 contains miscellaneous provisions, mainly administrative and machinery provisions relating to the operation of this Act. (7) Part 8 contains the Dictionary, which sets out a list of most of the terms that are defined in this Act. It also sets out the meanings of some important concepts and rules on how to interpret this Act. Division 3—Explanation of the use of defined terms Table of sections 3‑5 When defined terms are identified 3‑10 When defined terms are not identified 3‑5 When defined terms are identified (1) Many of the terms used in this Act are defined in the Dictionary, starting at section 995‑1, to the Income Tax Assessment Act 1997. However, some terms used in this Act are only defined in this Act. Note: Expressions in the Income Tax Assessment Act 1997 (other than the expression "this Act") have the same meaning in this Act as well, see subsection 90‑1(2). (2) Most defined terms in this Act and the Income Tax Assessment Act 1997 are identified by an asterisk at the start of the term: as in "*BAS service". 3‑10 When defined terms are not identified (1) Once a defined term has been identified by an asterisk, later occurrences of the term in the same subsection are not usually asterisked. (2) Terms are not asterisked in the *Guides, headings or notes contained in this Act. (3) The term "Board" is not identified with an asterisk. (4) If a term used in the Income Tax Assessment Act 1997 is used in this Act and the term is not identified with an asterisk in that Act, the term is not identified with an asterisk in this Act. Note: For expressions in the Income Tax Assessment Act 1997 that are not identified with an asterisk, see subsection 2‑15(3) of that Act. Part 2—Registration Division 20—Registration Table of Subdivisions 20‑A Eligibility for registration 20‑B Applying for registration 20‑C Renewing registration Guide to this Division 20‑1 What this Division is about You must be registered to provide tax agent services for a fee or to engage in other conduct connected with providing such services. You will be eligible for registration if you are a fit and proper person and have appropriate qualifications and experience. If you are eligible and apply to the Tax Practitioners Board for registration as a registered tax agent or BAS agent, you will be registered for a period of at least 1 year. Your registration may be subject to conditions. You may seek to vary these conditions. Certain events, mainly relating to criminal convictions and bankruptcy, may affect your continued registration. You may also apply to have your registration renewed. Subdivision 20‑A—Eligibility for registration Table of sections 20‑5 Eligibility for registration as registered tax agent or BAS agent 20‑10 Regulations may prescribe system regarding professional associations 20‑15 Criteria for determining whether an individual is a fit and proper person 20‑5 Eligibility for registration as registered tax agent or BAS agent Individuals (1) An individual, aged 18 years or more, is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that: (a) the individual is a fit and proper person; and (b) the individual meets the requirements prescribed by the regulations (including, but not limited to, requirements relating to qualifications and experience) in respect of registration as a registered tax agent or BAS agent; and (c) in the case of registration which is not a renewal—the individual maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and (d) in the case of a renewal of registration—the individual: (i) maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements; and (ii) has completed continuing professional education that meets the Board's requirements. Note 1: An individual in the capacity of trustee of a trust can be registered: see section 70‑15. Note 2: Subsection (4) provides for an exception to paragraph (1)(b) for pre‑1988 tax agents and nominees. Partnerships (2) A partnership is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that: (a) each partner who is an individual is: (i) aged 18 years or more; and (ii) a fit and proper person; and (b) if a company is a partner: (i) each director of the company is a fit and proper person; and (ii) the company is not under external administration; and (iii) the company has not been convicted of a *serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and (c) the partnership has: (i) in the case of registration as a *registered tax agent—a sufficient number of individuals, being registered tax agents, to provide *tax agent services to a competent standard, and to carry out supervisory arrangements; or (ii) in the case of registration as a *registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide *BAS services to a competent standard, and to carry out supervisory arrangements; and (d) in the case of registration which is not a renewal—the partnership maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and (e) in the case of a renewal of registration—the partnership maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements. Companies (3) A company is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that: (a) each director of the company is a fit and proper person; and (b) the company is not under external administration; and (c) the company has not been convicted of a *serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and (d) the company has: (i) in the case of registration as a *registered tax agent—a sufficient number of individuals, being registered tax agents, to provide *tax agent services to a competent standard and to carry out supervisory arrangements; or (ii) in the case of registration as a *registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide *BAS services to a competent standard, and to carry out supervisory arrangements; and (e) in the case of registration which is not a renewal—the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and (f) in the case of a renewal of registration—the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements. Note: A company in the capacity of trustee of a trust can be registered: see section 70‑15. Special rule about pre‑1988 tax agents (4) An individual is eligible for registration as a *registered tax agent even if the Board is not satisfied that the individual satisfies the requirements mentioned in paragraph (1)(b) if: (a) the individual was registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (as in force immediately before the commencement of item 7 of Schedule 1 to the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009) at both of the following times: (i) immediately before the commencement of this Act; (ii) immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988; and (b) the individual is otherwise eligible for registration as a registered tax agent. 20‑10 Regulations may prescribe system regarding professional associations The regulations may provide for a system to allow the Board to accredit professional associations for the purposes of recognising professional qualifications and experience that are relevant to the registration of individuals as *registered tax agents and BAS agents. 20‑15 Criteria for determining whether an individual is a fit and proper person In deciding whether it is satisfied that an individual is a fit and proper person, the Board must have regard to: (a) whether the individual is of good fame, integrity and character; and (b) without limiting paragraph (a): (i) whether an event described in section 20‑45 has occurred during the previous 5 years; and (ii) whether the individual had the status of an undischarged bankrupt at any time during the previous 5 years; and (iii) whether the individual served a term of imprisonment, in whole or in part, at any time during the previous 5 years. Subdivision 20‑B—Applying for registration Table of sections 20‑20 Application for registration 20‑25 Registration 20‑30 Board to notify you of grant of registration 20‑35 Commencement and duration of registration 20‑40 Variation of conditions of registration 20‑45 Certain events may affect your continued registration 20‑20 Application for registration (1) You may apply to the Board for registration, including renewal of registration, as a *registered tax agent or BAS agent. (2) An application must be in a form approved by the Board and must be accompanied by: (a) any documents that are required by the Board; and (b) the prescribed application fee. (3) The Board must give the application fee to the Commissioner, who receives the fee on behalf of the Commonwealth. (4) If you withdraw your application: (a) within 30 days after the day on which the application was made; and (b) before the application has been granted or refused; the Commissioner must refund the application fee to you. 20‑25 Registration Grant of application for registration (1) If you have applied to the Board for a type of registration, the Board must grant your application if you are eligible for registration of that type. Otherwise, the Board must reject your application. (2) The Board must decide your application within 4 months of receiving it. (3) If the Board does not decide your application within 4 months of receiving it, the Board is taken to have rejected your application. However, this does not apply if your application is for renewal of your registration. Note: For renewals of registration, see section 20‑50. Period of registration (4) If the Board grants your application, the Board must also determine the period for which you are registered. The period must be for at least 1 year. Conditions of registration (5) If the Board considers it appropriate to do so, the Board may impose one or more conditions to which your registration is subject. (6) If a condition is imposed, it must relate to the subject area in respect of which you may provide *tax agent services. (7) In deciding whether to impose a condition, the Board must have regard to the requirements prescribed by regulations under paragraph 20‑5(1)(b) in relation to: (a) if you are an individual—your registration as a *registered tax agent or BAS agent; and (b) if you are a partnership or company—the registration of individuals who will provide *tax agent services for you. 20‑30 Board to notify you of grant of registration Notification of decision (1) The Board must, within 30 days of its decision to grant or reject your application for registration, notify you in writing of: (a) the decision; and (b) if the Board rejects your application—the reasons for the decision; and (c) if the Board grants your application—the following: (i) the period of your registration; (ii) any conditions to which your registration is subject. However, failure to comply does not affect the validity of the Board's decision. (2) The Board must also notify the Commissioner of the Board's decision. Professional indemnity insurance (3) If the Board grants your application, the Board may, by written notice, require you to maintain professional indemnity insurance as specified in the notice. The notice may be given to you at the same time as the notice referred to in subsection (1), or subsequently. 20‑35 Commencement and duration of registration Your registration: (a) commences: (i) if it is a renewal of your registration—on the day after the day on which your previous registration expired; or (ii) in any other case—on the day specified in the notice given under subsection 20‑30(1); and (b) expires at the end of the period determined by the Board, unless it is terminated before that time. Note: Registration may be terminated under Subdivision 30‑B or 40‑A. 20‑40 Variation of conditions of registration (1) The Board may vary a condition to which your registration as a *registered tax agent or BAS agent is subject if: (a) you make an application for variation of the condition; and (b) the Board is satisfied that it is appropriate to vary the condition. (2) Your application must be: (a) in a form approved by the Board; and (b) accompanied by any information or documents that are required by the Board. 20‑45 Certain events may affect your continued registration (1) The following events may affect your continued registration as a *registered tax agent or BAS agent: (a) you are convicted of a *serious taxation offence; (b) you are convicted of an offence involving fraud or dishonesty; (c) you are penalised for being a *promoter of a *tax exploitation scheme; (d) you are penalised for implementing a *scheme that has been promoted on the basis of conformity with a *public ruling, *private ruling or *oral ruling in a way that is materially different from that described in the ruling; (da) you are penalised for promoting on the basis of conformity with a public ruling, private ruling or oral ruling a scheme that is materially different from that described in the ruling; (e) you become an undischarged bankrupt or go into external administration; (f) you are sentenced to a term of imprisonment. (2) An event described in paragraph (1)(c), (d) or (da) does not affect your continued registration as a *registered tax agent or BAS agent if: (a) you are a partner in a partnership; and (b) you: (i) did not aid, abet, counsel or procure the relevant act or omission; and (ii) were not in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner). Subdivision 20‑C—Renewing registration Table of sections 20‑50 Renewal of registration 20‑50 Renewal of registration (1) The Board may renew your registration under section 20‑25 if you make an application for renewal: (a) at least 30 days, but not more than 90 days, before the day on which your registration expires; or (b) within such other period as the Board allows. (2) Your registration is taken to continue until your application is decided, or you withdraw your application, whichever happens first. (3) You may apply for renewal of registration during a period when your registration is suspended under section 30‑25. Part 3—The Code of Professional Conduct Division 30—The Code of Professional Conduct Table of Subdivisions 30‑A The Code of Professional Conduct 30‑B Your liability for administrative sanctions 30‑C Other obligations Guide to this Division 30‑1 What this Division is about The Code of Professional Conduct regulates your personal and professional conduct as a registered tax agent or BAS agent. If the Board investigates you and finds that you have failed to comply with the Code, the Board may give you a written caution, order you to