Commonwealth Consolidated Acts

TAX AGENT SERVICES ACT 2009 - SECT 40.10

  (1)   If you are a * registered tax agent or BAS agent and a partnership, the Board may terminate your registration if:

  (a)   you cease to meet one of the * tax practitioner registration requirements; or

  (b)   you breach a condition of your registration.

Note:   The Board may also terminate your registration for breach of the Code of Professional Conduct: see Subdivision   30 - B.

  (2)   The Board must terminate your registration if you surrender your registration by notice in writing to the Board.

  (2A)   Despite subsection   (2), the Board need not terminate your registration if:

  (a)   you surrender your registration by notice in writing to the Board; and

  (b)   either:

  (i)   the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration; or

  (ii)   the Board, within 30 days after receiving your surrender notice, decides to investigate you and considers that it would be inappropriate to terminate your registration.

  (3)   If an event affecting your continued registration, as described in section   20 - 45, occurs in respect of a partner in your partnership, then the Board may, by notice in writing, require you to remove the partner from your partnership within the period specified in the notice.

Note:   A failure to comply with a notice given under this subsection is a breach of subsection   30 - 10(14).

  (4)   If an event affecting your continued registration, as described in section   20 - 45, occurs in respect of a director of a company that is a partner in your partnership, then the Board may, by notice in writing, require:

  (a)   you to remove the partner from your partnership; or

  (b)   the company to remove the director;

within the period specified in the notice.

Note:   A failure to comply with a notice given under this subsection is a breach of subsection   30 - 10(14).

  (5)   In determining the period, the Board must have regard to:

  (a)   for the purpose of subsection   (3) and paragraph   (4)(a)--the requirements of any * Australian law in relation to the removal of partners from partnerships; and

  (b)   for the purpose of paragraph   (4)(b)--any requirement of the Corporations Act 2001 in relation to the removal of directors.