Issued by authority of the Assistant Treasurer

Income Tax Assessment Act 1936

Income Tax Amendment Regulations 2009 (No. 3)

Section 266 of the Income Tax Assessment Act 1936 (the Act) provides, in part, that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for giving effect to the Act.

The Regulations repeal Part 9 of the Income Tax Assessment Regulations 1936 (Registration of tax agents) as it would no longer be in use under the new tax agent services regime.

Due to changes in Australia’s tax base and the substantial growth in the tax laws, the law relating to the registration of tax agents in the Act is out of date and inadequate for Australia’s current tax and commercial setting. The Tax Agent Services Act 2009 (the Tax Agent Act) established the new tax agent services regime to ensure that tax agent services are provided to the public in line with appropriate professional and ethical standards.

The details of the new tax agent services regime, including the repeal of the current provisions concerning the registration of tax agents, were developed through an extensive consultation process commencing in 1998, involving many stakeholders.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commenced on the commencement of Part 2 of the Tax Agent Act. Part 2 of that Act commenced on 1 March 2010 by Proclamation.