Tax Agent Services Act 2009

PART 6 - THE TAX PRACTITIONERS BOARD  

Division 60 - The Tax Practitioners Board  

Subdivision 60-E - Investigations  

SECTION 60-125   Outcomes of investigations   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 (financial) adviser or a *registered tax agent in relation to providing a *tax (financial) advice service - *ASIC;

(v) if the decision or finding concerns a person *covered by a *compliance scheme who provides a tax (financial) advice service - the *monitoring body for the scheme; and


(d) give, in writing, the reasons for the decision to:


(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; and

(iv) if subparagraph (c)(v) applies - the monitoring body for the relevant compliance scheme.

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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