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

Schedule 2   Transitional provisions

Part 4   References to, and things done by, or in relation to, a Tax Agents' Board

17   Continuation of inquiries by a Tax Agents' Board

(1) If, before commencement, a Tax Agents’ Board had given an entity a show cause notice, then:

(a) within 60 days after commencement, the Board must decide whether to investigate the entity; and

(b) if the Board decides to investigate the entity - the Board must:

(i) notify the entity in accordance with section 60-95 of the new law; and

(ii) carry out its investigation in accordance with the process required or allowed by Subdivision 60-E of the new law as if the Board were investigating conduct that may breach the Tax Agent Services Act 2009; and

(iii) take whatever action in relation to the entity allowed by the old law, despite its repeal by Schedule 1 to this Act, that the Board considers appropriate; and

(c) if the Board decides not to investigate the entity - the Board must, within 30 days of its decision, notify the entity, in writing, that no further action will be taken in relation to the show cause notice.

(2) If a decision is not made within 60 days after commencement, the Board is taken to have decided not to investigate the entity.

(3) If, as allowed by subparagraph (1)(b)(iii), the Board suspends an entity, the entity is taken not be a registered tax agent within the meaning of the new law while the entity is suspended, except for the purposes of the following Parts of the new law:

(a) Part 2 (Registration);

(b) Part 3 (The Code of Professional Conduct);

(c) Part 4 (Termination of registration).

(4) If:

(a) a Tax Agents’ Board required a person to provide evidence, information or any document; and

(b) the evidence, information or document was not provided to the Tax Agents’ Board before commencement;

then, the evidence, information or document must be provided to the Board.

(5) In this item:

show cause notice means a written notice to an entity that:

(a) sets out the grounds on which a Tax Agents’ Board is giving the notice; and

(b) invites the entity to respond to the Tax Agents’ Board, in writing, addressing the grounds on which the Tax Agents’ Board has given the notice; and

(c) states the period within which the entity must give the written response to the Tax Agents’ Board.