Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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:
(a) the individual is a fit and proper person; and
(b) 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
(c) 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
(d) in the case of a renewal of registration--the individual:
(i) maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements; and
(ii) has completed continuing professional education that meets the Board's requirements.
Note 1: An individual in the capacity of trustee of a trust can be registered: see section 70 - 15.
Note 2: Subsection (4) provides for an exception to paragraph (1)(b) for pre - 1988 tax agents and nominees.
(2) A partnership is eligible for registration as a * registered tax agent or BAS agent if the Board is satisfied that:
(a) each partner who is an individual is:
(i) aged 18 years or more; and
(ii) a fit and proper person; and
(b) if a company is a partner:
(i) each director of the company is a fit and proper person; and
(ii) the company is not under external administration; and
(iii) the company has not been convicted of a * serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and
(i) 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
(ii) 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
(d) 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
(e) 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.
(3) A company is eligible for registration as a * registered tax agent or BAS agent if the Board is satisfied that:
(a) each director of the company is a fit and proper person; and
(b) the company is not under external administration; and
(c) the company has not been convicted of a * serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and
(i) 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
(ii) 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
(e) 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
(f) 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.
Note: A company in the capacity of trustee of a trust can be registered: see section 70 - 15.
Special rule about pre - 1988 tax agents
(4) 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:
(a) 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:
(i) immediately before the commencement of this Act;
(ii) immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988 ; and
(b) the individual is otherwise eligible for registration as a
registered tax agent.