Tax Agent Services Act 2009

An individual, aged 18 years or more, is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that:

the individual is a fit and proper person; and

the individual meets the requirements prescribed by the regulations (including, but not limited to, requirements relating to qualifications and experience) in respect of registration as a registered tax agent or BAS agent; and

in the case of registration which is not a renewal—the individual maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and

in the case of a renewal of registration—the individual:

maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements; and

has completed continuing professional education that meets the Board’s requirements.

An individual in the capacity of trustee of a trust can be registered: see section 70‑15.

Subsection (4) provides for an exception to paragraph (1)(b) for pre‑1988 tax agents and nominees.

A partnership is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that:

each partner who is an individual is:

aged 18 years or more; and

a fit and proper person; and

if a company is a partner:

each director of the company is a fit and proper person; and

the company is not under external administration; and

the company has not been convicted of a *serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and

the partnership has:

in the case of registration as a *registered tax agent—a sufficient number of individuals, being registered tax agents, to provide *tax agent services to a competent standard, and to carry out supervisory arrangements; or

in the case of registration as a *registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide *BAS services to a competent standard, and to carry out supervisory arrangements; and

in the case of registration which is not a renewal—the partnership maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and

in the case of a renewal of registration—the partnership maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements.

A company is eligible for registration as a *registered tax agent or BAS agent if the Board is satisfied that:

each director of the company is a fit and proper person; and

the company is not under external administration; and

the company has not been convicted of a *serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and

the company has:

in the case of registration as a *registered tax agent—a sufficient number of individuals, being registered tax agents, to provide *tax agent services to a competent standard and to carry out supervisory arrangements; or

in the case of registration as a *registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide *BAS services to a competent standard, and to carry out supervisory arrangements; and

in the case of registration which is not a renewal—the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board’s requirements; and

in the case of a renewal of registration—the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board’s requirements.

A company in the capacity of trustee of a trust can be registered: see section 70‑15.

An individual is eligible for registration as a *registered tax agent even if the Board is not satisfied that the individual satisfies the requirements mentioned in paragraph (1)(b) if:

the individual was registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (as in force immediately before the commencement of item 7 of Schedule 1 to the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009) at both of the following times:

immediately before the commencement of this Act;

immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988; and

the individual is otherwise eligible for registration as a registered tax agent.