S 251JC repealed by No 114 of 2009, s 3 and Sch 1 item 7, effective 1 March 2010.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