Tax Agent Services Act 2009


Division 70 - Miscellaneous  

Subdivision 70-E - Miscellaneous  

SECTION 70-34   Power to request information from monitoring bodies  

This section applies if a person:

(a)  provides a *tax (financial) advice service; and

(b)  is *covered by a *compliance scheme.

For the purposes of performing its functions, or exercising its powers, the Board may, by notice, request the *monitoring body for the *compliance scheme to give the Board:

(a)  information relating to compliance by the person with the *Code of Ethics under the scheme; or

(b)  any other information relating to the scheme; or

(c)  information relating to compliance by the person with the *Code of Professional Conduct.

Note 1:

Failure to give the information is an offence: see section 8C of the Taxation Administration Act 1953 .

Note 2:

This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.

The Board ' s request must:

(a)  be in writing; and

(b)  specify the period within which the *monitoring body must comply with the request.

The period specified under paragraph (b) must be at least 14 days after the date of the request.

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