Commonwealth Consolidated Acts

TAX AGENT SERVICES ACT 2009 - SECT 45.5

Application

  (1)   If you are a * registered tax agent or BAS agent, you may apply to the Board for approval to employ, or use the services of, a * disqualified entity to provide * tax agent services on your behalf.

Note:   If you know, or ought reasonably to know, that an entity is a disqualified entity, you must be approved to employ, or use the services of, the disqualified entity to provide tax agent services on your behalf: see subsection   30 - 10(15) and section   50 - 25.

  (2)   A disqualified entity is an entity that is neither a * registered tax agent or BAS agent nor a * qualified tax relevant provider and that, within the last 5 years:

  (a)   has been convicted of:

  (i)   a * serious taxation offence; or

  (ii)   a * serious offence; or

  (iii)   an offence involving fraud or dishonesty; or

  (b)   has been penalised for being a * promoter of a * tax exploitation scheme; or

  (c)   has been penalised for implementing a * scheme that has been promoted on the basis of conformity with a * product ruling in a way that is materially different from that described in the product ruling; or

  (d)   has become an undischarged bankrupt or has gone into * external administration; or

  (e)   has had action taken against it under subsection   30 - 15(2) (sanctions for failure to comply with the Code of Professional Conduct); or

  (f)   has had its registration terminated, under Subdivision   40 - A; or

  (g)   has had an application for registration or renewal of registration rejected under section   20 - 25, other than a rejection on the ground that the Board is not satisfied that the entity meets the requirements in paragraph   20 - 5(1)(b); or

  (h)   has been found by the Board, after being investigated under section   60 - 95, or by a Court, to have contravened this Act.

  (3)   Your application must be:

  (a)   in the form approved by the Board; and

  (b)   accompanied by any documents that are required by the Board.

Decision

  (4)   The Board must decide your application:

  (a)   within 60 days of receiving your application; or

  (b)   if, within 60 days of receiving your application, you and the Board agree on a longer period for the Board to decide your application--within the agreed period.

  (5)   If the Board does not decide your application within the applicable period under subsection   (4), the Board is taken to have rejected the application.

  (6)   The Board may decide to give you approval, having regard to:

  (a)   the reasons why the entity is a * disqualified entity and the circumstances relating to those reasons; and

  (b)   the proposed role that the entity would perform in providing the * tax agent services on your behalf; and

  (c)   the extent to which the reasons why the entity is a disqualified entity are relevant to the entity's ability to perform the proposed role to an appropriate standard of professional and ethical conduct; and

  (d)   any other matters that the Board considers relevant.

Notification of decision

  (7)   The Board must, within a reasonable period after its decision to give you approval or to reject your application for approval, notify you in writing of:

  (a)   the decision; and

  (b)   if the Board rejects your application--the reasons for the decision.

However, failure to comply with this subsection does not affect the validity of the Board's decision.