Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"BAS service" has the meaning given by section 90 - 10.
"Board" means the Tax Practitioners Board established by section 60 - 5.
"Board member" means a member of the Board appointed in accordance with section 60 - 25 (including the Chair).
"Chair" means the Chair of the Board.
"Code of Professional Conduct" means the Code of Professional Conduct set out in section 30 - 10.
"committee" means a committee established under section 60 - 85.
"community representative" has the meaning given by section 60 - 25.
"disqualified entity" has the meaning given by subsection 45 - 5(2).
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"executive officer" has the meaning given by section 60 - 25.
"external administration" : a person goes into external administration if the person becomes a Chapter 5 body corporate (within the meaning of the Corporations Act 2001 ).
"Federal Court" means the Federal Court of Australia.
"Financial Services and Credit Panel" has the same meaning as in the Australian Securities and Investments Commission Act 2001 .
"financial services licensee" has the same meaning as in the Corporations Act 2001 .
"Guide" has the meaning given by section 80 - 5.
"official information" means information that:
(a) was disclosed or obtained under or for the purposes of this Act; and
(b) relates to the affairs of a person; and
(c) identifies, or is reasonably capable of being used to identify, the person.
"prescribed tax agent" has the meaning given by section 60 - 25.
"qualified tax relevant provider" has the same meaning as in the Corporations Act 2001 .
"registered BAS agent" means an entity that is registered under this Act as a registered BAS agent.
Note: In most cases, an entity is taken not to be a registered BAS agent if the entity is suspended from providing BAS services under section 30 - 25.
"registered tax agent" means an entity that is registered under this Act as a registered tax agent.
Note: In most cases, an entity is taken not to be a registered tax agent if the entity is suspended from providing tax agent services under section 30 - 25.
"registered tax agent or BAS agent" means an entity that is registered under this Act as a registered tax agent or a registered BAS agent.
"registered tax agents and BAS agents" means entities that are registered under this Act as registered tax agents and entities that are registered under this Act as registered BAS agents.
"relevant provider" has the same meaning as in the Corporations Act 2001 .
"representative" has the meaning given by paragraph (a) of the definition of that expression in section 9 of the Corporations Act 2001 .
"serious taxation offence" means:
(a) an offence against section 134.1, 134.2, 135.1, 135.2 or 135.4 of the Criminal Code , if the offence relates to a tax liability (within the meaning of the Taxation Administration Act 1953 ); or
(b) a * taxation offence that is punishable on conviction by a fine exceeding 40 penalty units, or imprisonment, or both.
"significant breach of the Code" means a breach of the * Code of Professional Conduct by a * registered tax agent or BAS agent if the breach:
(a) constitutes an indictable offence, or an offence involving dishonesty, under an * Australian law; or
(b) results, or is likely to result, in material loss or damage to another entity (including the Commonwealth); or
(c) is otherwise significant, including taking into account any one or more of the following:
(i) the number or frequency of similar breaches by the agent;
(ii) the impact of the breach on the agent's ability to provide * tax agent services;
(iii) the extent to which the breach indicates that the agent's arrangements to ensure compliance with the Code are inadequate; or
(d) is a breach of a kind prescribed by the regulations for the purposes of this paragraph.
"tax agent service" has the meaning given by section 90 - 5.
"taxation offence" has the meaning given by section 8A of the Taxation Administration Act 1953 .
"tax (financial) advice service" has the meaning given by section 90 - 15.
"tax practitioner registration requirements" means the matters about which the Board must, under Subdivision 20 - A, be satisfied before the Board is obliged to grant an application for registration under this Act.
"virtual enquiry technology" means any technology that allows a person to appear at all or part of a hearing, examination or other enquiry without being physically present at the hearing, examination or other enquiry.
(2) An expression has the same meaning in this Act as in the Income Tax Assessment Act 1997 (other than the expression "this Act").