Tax Agent Services Act 2009

PART 1 - INTRODUCTION

Division 2 - Overview of this Act

Subdivision 2-A - Objects

SECTION 2-5 Object

2-5(1)
The object of this Act is to support public trust and confidence in the integrity of the tax profession and of the tax system by ensuring that *tax agent services are provided to the community in accordance with appropriate standards of professional and ethical conduct.

2-5(2)
This is to be achieved by (among other things) providing for:

(a) the registration and regulation, by a national Board, of entities that provide *tax agent services; and

(b) a *Code of Professional Conduct for *registered tax agents and BAS agents; and

(c) sanctions to discipline entities in relation to their conduct as a *registered tax agent or BAS agent; and

(d) sanctions where tax agent services are provided otherwise than in accordance with this Act.

View history note

History

S 2-5 substituted by No 101 of 2023, s 3 and Sch 3 item 1, effective 1 January 2024. No 101 of 2023, s 3 and Sch 3 item 9 contain the following application provisions:

9 Application of Code of Professional Conduct obligations about disqualified entities
Application from commencement

(1)
If, on or after the commencement of this Part, you:
(a) enter into a contract to employ, or use the services of, an entity to provide tax agent services on your behalf; or
(b) renew such a contract; or
(c) agree to extend such a contract;
subsection 30-10(15) of the Tax Agent Services Act 2009 , as inserted by this Part, applies to you in relation to the entity on and after the date of entering or renewing the contract or the date of the agreement.

(2)
If, on or after the commencement of this Part, an entity:
(a) enters into an arrangement with you in connection with the provision of tax agent services by you; or
(b) renews such an arrangement; or
(c) agrees to extend such an arrangement;
subsection 30-10(16) of the Tax Agent Services Act 2009 , as inserted by this Part, applies to you in relation to the entity on and after the date of entering or renewing the arrangement or the date of the agreement.

Application 12 months from commencement

(3)
In addition to subitems (1) and (2) of this item, subsections 30-10(15) and (16) of the Tax Agent Services Act 2009 , as inserted by this Part, apply to you in relation to tax agent services that you provide, or are provided on your behalf, on and after the day that is 12 months after the day this Part commences.

Acquisition of property

(4)
Despite subitems (1) to (3) of this item, subsections 30-10(15) and (16) of the Tax Agent Services Act 2009 , as inserted by this Part, have no effect to the extent (if any) to which the operation of those subsections would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

S 2-5 formerly read:

SECTION 2-5 Object
2-5
The object of this Act is to ensure that * tax agent services are provided to the public in accordance with appropriate standards of professional and ethical conduct. This is to be achieved by (among other things):
(a) establishing a national Board to register tax agents and BAS agents; and
(b) introducing a * Code of Professional Conduct for * registered tax agents and BAS agents; and
(c) providing for sanctions to discipline registered tax agents and BAS agents.

S 2-5 amended by No 115 of 2021, s 3 and Sch 1 item 106, by substituting " tax agents and BAS agents " for " tax agents, BAS agents and tax (financial) advisers " in para (a), (b) and (c), effective 1 January 2022. For application and transitional provisions, see note under Subdiv 50-AA heading.

S 2-5 amended by No 120 of 2013, s 3 and Sch 1 item 1, by substituting " , BAS agents and tax (financial) advisers " for " and BAS agents " in paras (a), (b) and (c), effective 1 July 2014. For transitional provisions, see note under s 20-5(1) .

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