Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (114 of 2009)

Schedule 2   Transitional provisions

Part 3   Applications for registration or re-registration

Division 3   New applications

13   Special rule for applications for registration as a registered tax agent

(1) If:

(a) an entity applies for registration as a registered tax agent under section 20-20 of the new law before the end of the 6 month period beginning immediately after commencement; and

(b) the entity would be eligible for registration but for the operation of:

(i) paragraph 20-5(1)(b) of the new law (which requires the Board to be satisfied of requirements prescribed by regulations, including requirements in relation to qualifications and experience in respect of registration as a registered tax agent); or

(ii) paragraph 20-5(2)(c) or (3)(d); and

(c) immediately before commencement, the entity was providing a tax agent service within a particular area of the taxation laws; and

(d) the Board is satisfied that the entity had been providing that tax agent service to a competent standard for a reasonable period before making the application;

then, despite paragraph 20-5(1)(b), (2)(c) or (3)(d) of the new law, the entity is eligible for registration.

(2) The entity is taken to be a registered tax agent within the meaning of the new law for the period:

(a) beginning on the day on which this Schedule commences; and

(b) ending immediately before the day on which the Board makes a decision under section 20-25 of the new law.