Treasury Laws Amendment (2023 Measures No. 1) Act 2023 (101 of 2023)

Schedule 3   Government response to the Review of the Tax Practitioners Board

Part 1   Obligations relating to the provision of tax agent services

Tax Agent Services Act 2009

9   Application of Code of Professional Conduct obligations about disqualified entities

Application from commencement

(1) If, on or after the commencement of this Part, you:

(a) enter into a contract to employ, or use the services of, an entity to provide tax agent services on your behalf; or

(b) renew such a contract; or

(c) agree to extend such a contract;

subsection 30-10(15) of the Tax Agent Services Act 2009, as inserted by this Part, applies to you in relation to the entity on and after the date of entering or renewing the contract or the date of the agreement.

(2) If, on or after the commencement of this Part, an entity:

(a) enters into an arrangement with you in connection with the provision of tax agent services by you; or

(b) renews such an arrangement; or

(c) agrees to extend such an arrangement;

subsection 30-10(16) of the Tax Agent Services Act 2009, as inserted by this Part, applies to you in relation to the entity on and after the date of entering or renewing the arrangement or the date of the agreement.

Application 12 months from commencement

(3) In addition to subitems (1) and (2) of this item, subsections 30-10(15) and (16) of the Tax Agent Services Act 2009, as inserted by this Part, apply to you in relation to tax agent services that you provide, or are provided on your behalf, on and after the day that is 12 months after the day this Part commences.

Acquisition of property

(4) Despite subitems (1) to (3) of this item, subsections 30-10(15) and (16) of the Tax Agent Services Act 2009, as inserted by this Part, have no effect to the extent (if any) to which the operation of those subsections would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).