Tax Agent Services Act 2009

S 50-25(1) amended by No 115 of 2021, s 3 and Sch 1 item 136(q), by substituting " tax agent or BAS agent " for " tax agent, BAS agent or tax (financial) adviser " (wherever occurring) in para (c)(i), effective 1 January 2022. For application and transitional provisions, see note under Subdiv 50-AA heading.

S 50-25(1) amended by No 120 of 2013, s 3 and Sch 1 item 28, by substituting " , BAS agent or tax (financial) adviser " for " or BAS agent " (wherever occurring) in para (c)(i), effective 1 July 2014. For transitional provisions, see note under s 20-5(1) .

S 50-25(1A) repealed by No 115 of 2021, s 3 and Sch 1 item 119, effective 1 January 2022. For application and transitional provisions, see note under Subdiv 50-AA heading. S 50-25(1A) formerly read:

50-25(1A)
You contravene this subsection if:
(a) you are a *registered tax (financial) adviser; and
(b) you employ or use the services of an entity to provide *tax (financial) advice services on your behalf; and
(c) you know, or ought reasonably to know, that:

(i) the entity is not a registered tax (financial) adviser but was previously a registered tax (financial) adviser; or

(ii) the entity is not a registered tax (financial) adviser but was previously a *registered tax agent; or

(iii) the entity is not a registered tax agent but was previously a registered tax agent; or

(iv) the entity is not a registered tax agent but was previously a registered tax (financial) adviser; and

(d) you know, or ought reasonably to know, that the entity ' s registration was terminated within the period of 1 year before you first employed, or first used the services of, the entity.

Civil penalty:

(a) for an individual - 250 penalty units; and

(b) for a body corporate - 1,250 penalty units.

Note:

Subdivision 50-C of this Act and Subdivision 298-B in Schedule 1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.

S 50-25(1A) inserted by No 120 of 2013, s 3 and Sch 1 item 29, effective 1 July 2014. For transitional provisions, see note under s 20-5(1) .

S 50-25(2) amended by No 115 of 2021, s 3 and Sch 1 item 120, by substituting " Subsection (1) does " for " Subsections (1) and (1A) do " , effective 1 January 2022. For application and transitional provisions, see note under Subdiv 50-AA heading.

S 50-25(2) amended by No 120 of 2013, s 3 and Sch 1 item 30, by substituting " Subsections (1) and (1A) do " for " Subsection (1) does " , effective 1 July 2014. For transitional provisions, see note under s 20-5(1) .

S 50-25(3) inserted by No 101 of 2023, s 3 and Sch 3 item 5, effective 1 January 2024. For application provisions, see note under s 2-5 .