Income Tax Assessment Act 1936

Pt VIIA repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.

Pt VIIA originally inserted by No 10 of 1943.

Div 3 repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.

Div 3 heading inserted by No 78 of 1988.

Subdiv B repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.

Subdiv B inserted by No 78 of 1988.

S 251JC repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010. S 251JC formerly read:

SECTION 251JC RE-REGISTRATION OF TAX AGENTS  
251JC(1)
The Board shall re-register the applicant as a tax agent if the applicant satisfies the Board that:

(a) if the applicant is a natural person:

(i) the applicant is a fit and proper person to prepare income tax returns and transact business on behalf of taxpayers in income tax matters; and

(ii) the applicant is not an undischarged bankrupt;

(b) if the applicant is a partnership:

(i) a partner specified in the application as the original nominee of the partnership is a fit and proper person to prepare income tax returns and transact business on behalf of taxpayers in income tax matters;

(ii) in the case of each partner who is a natural person - the partner:

(A) has attained the age of 18 years at the date on which the application is made; and

(B) is of good fame, integrity and character;

(iii) in the case of each partner that is a company - each executive officer of the company:

(A) has attained the age of 18 years at the date on which the application is made; and

(B) is of good fame, integrity and character; and

(iv) there is no partner who is an undischarged bankrupt;

(c) if the applicant is a company:

(i) a person employed by the company and specified in the application as the original nominee of the company is a fit and proper person to prepare income tax returns and transact business on behalf of taxpayers in income tax matters;

(ii) each executive officer of the company:

(A) has attained the age of 18 years at the date on which the application is made; and

(B) is of good fame, integrity and character;

(iii) if the company is a non-exempt company - the company is a company in which qualified directors have a substantial interest; and

(iv) the company has not gone into liquidation; and

(d) in all cases - the applicant has not permanently ceased to carry on business as a tax agent.

251JC(2)
The Board shall refuse to re-register the applicant in any other case.

251JC(3)
Where a Board makes a decision refusing to re-register an applicant as a tax agent, the Board shall cause to be served on the applicant a notice in writing setting out that decision and giving the reasons for that decision.

251JC(4)
Where:

(a) a Board makes a decision refusing to re-register an applicant as a tax agent; and

(b) notice of that decision was served on the applicant at a time (in this subsection called the " notice time " ) after the time (in this subsection called the " expiry time " ) when the existing registration ceased to be in force;

the applicant shall be taken to have been registered as a tax agent during the period commencing at the expiry time and ending at the notice time.

S 251JC inserted by No 78 of 1988.