Tax Agent Services Act 2009

PART 4 - SUSPENSION AND TERMINATION OF REGISTRATION  

Division 40 - Suspension and termination of registration  

Subdivision 40-D - Interim suspension of registration  

SECTION 40-45   Interim suspension of registration  

40-45(1)    
If you are a * registered tax agent or BAS agent, the Board may suspend your registration if the Board is satisfied on reasonable grounds that:

(a)    you have engaged in conduct that may constitute:

(i) an offence against a * taxation law; or

(ii) a contravention of a civil penalty provision that is in a taxation law; and

(b)    having regard to the conduct, either:

(i) there is or may be a significant risk that one or more of your clients will suffer material loss or damage if your registration is not suspended; or

(ii) it is in the public interest to suspend your registration because there is or may be a significant risk to the revenue of the Commonwealth, the integrity of the tax system or the integrity of the tax profession.

40-45(2)    
The period of suspension is 90 days or a lesser period determined by the Board.

40-45(3)    
The Board is not required to observe any requirements of the natural justice hearing rule in exercising the power under subsection (1).

40-45(4)    
The Board may extend the period of suspension for a further period or further periods of 90 days or less determined by the Board if:

(a)    the Board is satisfied on reasonable grounds of the matters mentioned in paragraphs (1)(a) and (b) ; and

(b)    an investigation under Subdivision 60-E about the conduct mentioned in subsection (1) has commenced.

40-45(5)    
A decision under subsection (4) must be made not less than 7 days before the day on which the period of suspension ends.

40-45(6)    
If, during the period of suspension, the Board makes a decision under subsection 60-125(2) in respect of the conduct, the suspension ends at the time the Board makes the decision.