Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (114 of 2009)

Schedule 2   Transitional provisions

Part 3   Applications for registration or re-registration

Division 3   New applications

14   Special rule for applications for registration as a registered BAS agent

(1) If:

(a) an entity applies for registration as a registered BAS agent under section 20-20 of the new law before the end of the 3 year period beginning immediately after commencement; and

(b) the entity would be eligible for registration but for the operation of:

(i) paragraph 20-5(1)(b) of the new law (which requires the Board to be satisfied of requirements prescribed by regulations, including requirements in relation to qualifications and experience in respect of registration as a registered BAS agent); or

(ii) paragraph 20-5(2)(c) or (3)(d); and

(c) the Board is satisfied that the entity had been providing BAS services to a competent standard for a reasonable period before making the application;

then, despite paragraph 20-5(1)(b), (2)(c) or (3)(d) of the new law, the entity is eligible for registration.

(2) If:

(a) an entity is or has been taken to be a registered BAS agent under item 5 of this Schedule; and

(b) the entity is eligible for registration under subitem (1) of this item;

then, despite subsection 20-25(4) of the new law, the period that the Board may determine under that subsection must be at least 12 months.