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

Schedule 2   Transitional provisions

Part 2   Continuation of existing registrations etc.

2   Registration of a tax agent continues in force

(1) If an entity was, immediately before commencement, a registered tax agent within the meaning of the old law, the entity is taken to be a registered tax agent within the meaning of the new law for the period:

(a) beginning on the day on which this Schedule commences; and

(b) ending on the day on which:

(i) the entity’s registration would have expired under the old law but for its repeal by Schedule 1 to this Act; or

(ii) if item 17 of this Schedule applies and the Board decides to cancel the entity’s registration - the entity’s registration is cancelled under the old law despite its repeal by Schedule 1 to this Act; or

(iii) the entity’s registration is terminated under Subdivision 30-B or 40-A of the new law;

whichever occurs first.

Note: A registered tax agent within the meaning of the new law is registered under section 20-25 of the new law.

(2) If an entity was, immediately before commencement, taken not to be a registered tax agent within the meaning of the old law because of subsection 251K(6) of the old law (which relates to suspension), the entity is taken to have been suspended under section 30-25 of the new law for the period:

(a) beginning on the day on which this Schedule commences; and

(b) ending on the day on which the suspension would have ended under the old law but for its repeal by Schedule 1 to this Act.

(3) If subitem (2) applies in relation to an entity, immediately after the period of suspension ends, the entity is taken to be a registered tax agent within the meaning of the new law for the period:

(a) beginning on the day immediately after the day on which the suspension ends; and

(b) ending on the day on which:

(i) the entity’s registration would have expired under the old law but for its repeal by Schedule 1 to this Act; or

(ii) if item 17 of this Schedule applies and the Board decides to cancel the entity’s registration - the entity’s registration is cancelled under the old law despite its repeal by Schedule 1 to this Act; or

(iii) the entity’s registration is terminated under Subdivision 30-B or 40-A of the new law;

whichever occurs first.

Note: A registered tax agent within the meaning of the new law is registered under section 20-25 of the new law.