Income Tax Assessment Act 1936
View history note
Hide history notePt VIIA repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.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Div 3 repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.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Subdiv H repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.
Subdiv H heading inserted by No 78 of 1988.
(Repealed by No 114 of 2009)
S 251K repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010. S 251K formerly read:
the Board shall suspend or cancel the registration of the tax agent. S 251K(1) amended by No 146 of 2001, substituted for former s 251K(1) and (1A), by No 78 of 1988. S 251K(1) substituted for former s 251K(1) and (1A) by No 78 of 1988. Former s 251K(1A) inserted by No 123 of 1984. S 251K(1B) amended by No 78 of 1988. S 251K(2) amended by No 78 of 1988, No 108 of 1981 and No 11 of 1947. S 251K(3) to (3D) substituted for s 251(2A) and (3) by No 78 of 1988. Former s 251K(2A) amended by No 108 of 1981 and No 216 of 1973 and inserted by No 11 of 1947. S 251K(3) to (3D) substituted for s 251(2A) and (3) by No 78 of 1988. S 251K(3A) inserted by No 78 of 1988. S 251K(3B) inserted by No 78 of 1988. S 251K(3C) inserted by No 78 of 1988. S 251K(3D) inserted by No 78 of 1988. S 251K(4) amended by No 78 of 1988. S 251K(5) to (7) substituted for s 251(5) to (10) by No 78 of 1988. Former s 251K(5) amended by No 48 of 1986 and No 123 of 1984, substituted by No 57 of 1977 and amended by No 164 of 1973 and No 11 of 1947. Former s 251K(5A) inserted by No 11 of 1947. S 251K(6) inserted by No 78 of 1988. Former s 251K(6) omitted by No 172 of 1978, substituted by No 57 of 1977 and amended by No 51 of 1973 and No 11 of 1947. S 251K(5) to (7) substituted for s 251(5) to (10) by No 78 of 1988. Former s 251K(7) substituted by No 216 of 1973. S 251K(5) to (7) substituted for s 251(5) to (10) by No 78 of 1988. Former s 251K(8) amended by No 123 of 1984 and inserted by No 216 of 1973. S 251K(9) inserted by No 123 of 1984. S 251K(10) inserted by No 123 of 1984.
SECTION 251K CANCELLATION OR SUSPENSION OF REGISTRATION OF TAX AGENTS
251K(1)
Where a Board is satisfied that a tax agent, or a registered nominee of a tax agent, has been convicted of:
(a)
an offence against section
8N
,
8T
or
8U
of the
Taxation Administration Act 1953
, or against Division
136
or
137
of the
Criminal Code
in relation to a taxation law (within the meaning of the
Taxation Administration Act 1953
); or
(b)
an offence against:
(i)
section
6
of the
Crimes Act 1914
; or
being an offence that relates to an offence of the kind referred to in paragraph (a) of this subsection;
(ii)
section
11.1
,
11.4
or
11.5
of the
Criminal Code
;
251K(1A)
(Omitted by No 78 of 1988)
251K(1B)
Nothing in subsection (1) shall be taken to restrict or limit, by implication, the generality of subsection (2).
251K(2)
A Board may suspend or cancel the registration of any tax agent upon being satisfied that:
(a)
any return which has been prepared by or on behalf of the tax agent is false in any material particular; unless the tax agent establishes to the satisfaction of the Board that he had no knowledge of the falsity or that the falsity was due to his inadvertence;
(b)
the tax agent:
(i)
has neglected the business of a principal; or
(ii)
has been guilty of misconduct as a tax agent; or
(c)
a registered nominee of the tax agent is not a fit and proper person to prepare income tax returns and transact business on behalf of taxpayers in income tax matters;
(d)
if the tax agent is a natural person
-
the tax agent is not a fit and proper person to prepare income tax returns and transact business on behalf of taxpayers in income tax matters;
(e)
if the tax agent is a partnership:
(i)
in the case of a partner who is a natural person
-
the partner:
(A)
has not attained the age of 18 years; or
(B)
is not of good fame, integrity and character; or
(ii)
in the case of a person who is an executive officer of a partner that is a company
-
the person:
(A)
has not attained the age of 18 years; or
(B)
is not of good fame, integrity and character; or
(f)
if the tax agent is a company
-
an executive officer of the company:
(i)
has not attained the age of 18 years; or
(ii)
is not of good fame, integrity and character.
251K(2A)
(Omitted by No 78 of 1988)
251K(3)
If the registration of a tax agent is not already suspended, a suspension of the registration of the tax agent shall be for such period as the Board concerned thinks fit.
251K(3A)
If the registration of a tax agent is already suspended, a suspension of the registration of the tax agent shall be for such further period as the Board concerned thinks fit, being a period commencing at the end of the period for which the registration of the tax agent is already suspended.
251K(3B)
The period, or further period, of a suspension under subsection (1) shall not be less than 3 months.
251K(3C)
A Board shall cancel the registration of a tax agent who is a natural person if:
(a)
the person becomes an undischarged bankrupt; or
(b)
the person permanently ceases to carry on business as a tax agent.
251K(3D)
A Board shall cancel the registration of a tax agent that is a non-exempt company if the company ceases to be a company in which qualified directors have a substantial interest.
251K(4)
A Board shall cancel the registration of a tax agent which is a partnership or a company:
(a)
in a case where the tax agent is a partnership:
(i)
if there is no partner registered as a nominee in respect of the tax agent; or
(ii)
if any partner becomes an undischarged bankrupt;
(b)
in a case where the tax agent is a company:
(i)
if there is no nominee registered in respect of the tax agent; or
(ii)
if the company goes into liquidation; or
(c)
if the tax agent permanently ceases to carry on business as a tax agent.
251K(5)
Where a Board makes a decision suspending or cancelling the registration of a tax agent, the Board shall cause to be served on the tax agent a notice in writing setting out that decision and giving the reasons for that decision.
251K(5A)
(Repealed by No 57 of 1977)
251K(6)
A person or partnership whose registration as a tax agent is suspended shall, except for the purposes of section
251BB
or
251BC
, Division
3
,
4
or
6
or section
251Q
, be taken not to be registered as a tax agent while that registration remains suspended.
251K(7)
A suspension of the registration of a tax agent continues notwithstanding that, during the period of suspension, the tax agent is re-registered.
251K(8)
-
(10)
(Omitted by No 78 of 1988)
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