Tax Agent Services Act 2009

PART 3 - THE CODE OF PROFESSIONAL CONDUCT  

Division 30 - The Code of Professional Conduct  

Subdivision 30-C - Other obligations  

SECTION 30-35   Obligation to notify a change of circumstances  


Individuals

30-35(1)    


If you are a * registered tax agent or BAS agent and an individual, you must notify the Board in writing whenever:

(a)    you cease to meet one of the * tax practitioner registration requirements; or

(b)    an event affecting your continued registration, as described in section 20-45 , occurs; or

(ba)    you have reasonable grounds to believe that:


(i) you have breached the *Code of Professional Conduct; and

(ii) the breach is a *significant breach of the Code; or

(c)    

there is a change in your address for service of notices or of any other circumstances relevant to your registration.

Partnerships

30-35(2)    


If you are a * registered tax agent or BAS agent and a partnership, you must notify the Board in writing whenever:

(a)    you cease to meet one of the * tax practitioner registration requirements; or

(b)    an event affecting your continued registration, as described in section 20-45 , occurs in respect of:


(i) a partner in the partnership; or

(ii) a director of a company that is a partner in the partnership; or

(ba)    you have reasonable grounds to believe that:


(i) you have breached the *Code of Professional Conduct; and

(ii) the breach is a *significant breach of the Code; or

(c)    the composition of the partnership changes; or

(d)    

there is a change in your address for service of notices or of any other circumstances relevant to your registration.

Companies

30-35(3)    


If you are a * registered tax agent or BAS agent and a company, you must notify the Board in writing whenever:

(a)    you cease to meet one of the * tax practitioner registration requirements; or

(b)    an event affecting your continued registration, as described in section 20-45 , occurs in respect of a director of the company; or

(ba)    you have reasonable grounds to believe that:


(i) you have breached the *Code of Professional Conduct; and

(ii) the breach is a *significant breach of the Code; or

(c)    an individual becomes, or ceases to be, a director of the company; or

(d)    

there is a change in your address for service of notices or of any other circumstances relevant to your registration.

When notice must be given

30-35(4)    
You must give the notice within 30 days of the day on which:

(a)    you become, or ought to have become, aware that the event occurred (unless paragraph (1)(ba) , (2)(ba) or (3)(ba) applies); or

(b)    if paragraph (1)(ba) , (2)(ba) or (3)(ba) applies - you first have, or ought to have, reasonable grounds to believe that you have breached the *Code of Professional Conduct, and that the breach is a *significant breach of the Code.

Note:

A breach of this subsection is a breach of section 8C of the Taxation Administration Act 1953 and of subsection 30-10(2) of this Act.





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