Tax Agent Services Act 2009
Investigation relating to application for registration
60-125(1)
After completing an investigation in relation to an application for registration under section 20-20 , the Board must make a decision in accordance with section 20-25 .
Investigation relating to whether conduct breaches this Act
60-125(2)
If the Board investigates conduct under section 60-95 and finds that the conduct breaches this Act, the Board must either: (a) make a decision that no further action will be taken; or (b) do one or more of the following:
(i) impose one or more sanctions under Subdivision 30-B ;
(ii) terminate an entity ' s registration under Subdivision 40-A ;
(iii) apply to the * Federal Court for an order for payment of a pecuniary penalty under Subdivision 50-C ;
(iv) apply to the Federal Court for an injunction under section 70-5 .
Note:
The Board may terminate an entity ' s registration under Subdivision 40-A without investigating conduct under section 60-95 .
Period within which a decision must be made
60-125(3)
The Board must make a decision under subsection (2) : (a) within 6 months after the day on which the investigation is taken to have commenced under subsection 60-95(3) ; or (b) if a longer period is determined by the Board under subsection (4) - within that period.
60-125(4)
If the Board is satisfied that, for reasons beyond the control of the Board, a decision under subsection (2) cannot be made within the period mentioned in paragraph (3)(a) , the Board may determine a longer period within which the Board must make a decision under subsection (2) .
60-125(5)
If the Board determines a longer period, the Board must do so not later than 2 weeks before the expiry of the period mentioned in paragraph (3)(a) .
60-125(6)
The reasons mentioned in subsection (4) include, but are not limited to, the following: (a) undue delay that has been caused by an entity other than the Board and that has affected the conduct of the investigation to which the decision relates; (b) the complexity of the investigation.
Decision not made
60-125(7)
If: (a) a decision is not made within the period mentioned in paragraph (3)(a) and the Board does not determine a longer period; or (b) the Board determines a longer period but does not make a decision within that period;
the Board is taken to have decided to take no further action in relation to the matter that was the subject of investigation.
Notification of decisions
60-125(8)
If: (a) the Board makes a decision under subsection (2) ; or (b) the Board investigates conduct under section 60-95 and finds that the conduct does not breach this Act;
the Board must, within 30 days of making the decision or finding:
(c) notify the following persons, in writing, of the decision or finding:
(i) the entity affected by the decision or finding;
(ii) the complainant (if any);
(iia) any professional association accredited by the Board under the regulations of which the entity is a member;
(iii) if the decision or finding is relevant to the administration of the * taxation laws (other than this Act) - the Commissioner;
(iv) if the decision or finding concerns a *registered tax agent in relation to providing a *tax (financial) advice service - *ASIC; and
(d) give, in writing, the reasons for the decision to:
(v) (Repealed by No 115 of 2021)
(i) the entity affected by the decision; and
(ia) if subparagraph (c)(iia) applies - the relevant professional association; and
(ii) if subparagraph (c)(iii) applies - the Commissioner; and
(iii) if subparagraph (c)(iv) applies - *ASIC.
(iv) (Repealed by No 115 of 2021)
60-125(9)
If the Board determines a longer period under subsection (4) , the Board must, within 30 days of making the determination: (a) notify the entity affected by the determination, in writing, of the determination; and (b) give, in writing, the reasons for the determination.
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