Tax Agent Services Act 2009

PART 5 - CIVIL PENALTIES

Division 50 - Civil penalties

Subdivision 50-AA - Conduct that relates to tax (financial) advice services

History

Subdiv 50-AA inserted by No 115 of 2021, s 3 and Sch 1 item 118, effective 1 January 2022. No 115 of 2021, s 3 and Sch 1 items 137 - 141 contain the following application and transitional provisions:

Division 2 - Application of amendments to the Tax Agent Services Act 2009
137 Definitions
137
In this Division:
engage in conduct
means:

(a) do an act; or

(b) omit to perform an act.

old Act
means the Tax Agent Services Act 2009 as in force immediately before 1 January 2022.

relevant provider
has the same meaning as in Part 7.6 of the Corporations Act 2001 .
138 Application - providing or advertising tax (financial) advice services
138
Sections 50-17 and 50-18 of the Tax Agent Services Act 2009 , as inserted by Division 1 of this Part, apply in relation to conduct engaged in on or after 1 January 2022. 139 Transitional - registration of registered tax (financial) advisers who are relevant providers
(1)
This item applies if:
(a) a person is a relevant provider; and
(b) immediately before 1 January 2022:

(i) the person was a registered tax (financial) adviser under the old Act; and

(ii) the person ' s registration (the old registration ) as a registered tax (financial) adviser was due to expire at the end of a period (the old registration period ) that ends on or after that day; and

(c) item 140 of this Schedule does not apply to the person.

(2)
Despite the amendments of the old Act made by Division 1 of this Part:
(a) the old Act continues to apply in relation to the old registration on and after 1 January 2022 as if those amendments had not been made; and
(b) the old registration continues in force on and after 1 January 2022 until the end of the old registration period, unless terminated before the end of that period.
140 Transitional - pending applications for registration of registered tax (financial) advisers who are relevant providers
(1)
This item applies if:
(a) a person is a relevant provider; and
(b) before 1 January 2022, the person made an application:

(i) under section 20-20 of the old Act for registration as a registered tax (financial) adviser; or

(ii) under section 20-50 of the old Act for renewal of the person ' s registration as a registered tax (financial) adviser; and

(c) immediately before 1 January 2022, the application had not been finally determined.

(2)
Despite the amendments of the old Act made by Division 1 of this Part:
(a) the old Act continues to apply, on and after 1 January 2022, in relation to the application, as if those amendments had not been made; and
(b) if the application is granted:

(i) the old Act continues to apply to the registration, or the renewed registration, on and after the day the application is granted as if those amendments had not been made; and

(ii) the registration, or the renewed registration, is in force on and after 1 January 2022 for the period determined under subsection 20-25(4) of the old Act in relation to the application, unless terminated before the end of that period.

141 Transitional - providing or advertising tax (financial) advice services
(1)
This item applies if:
(a) a person ' s registration as a registered tax (financial) adviser continues or is in force because of item 139 or 140 of this Schedule; and
(b) that registration is suspended for a period (the suspension period ) under subsection 30-25(1) of the old Act as it continues to apply to the registration under those items.

(2)
During the suspension period, the person is taken not to be a qualified tax relevant provider for the purposes of paragraphs 50-17(d) and 50-18(c) of the Tax Agent Services Act 2009 , as inserted by Division 1 of this Part.

SECTION 50-17

50-17 Providing tax (financial) advice services if not registered or qualified

View history reference

You contravene this section if:

(a) either:

(i) you provide a service that you know, or ought reasonably to know, is a *tax (financial) advice service; or

(ii) a service that you know, or ought reasonably to know, is a tax (financial) advice service is provided on your behalf by another person; and

(b) the tax (financial) advice service is not a *BAS service; and

(c) either:

(i) you charge or receive a fee or other reward for providing the tax (financial) advice service; or

(ii) the other person charges or receives a fee or other reward for providing the tax (financial) advice service on your behalf; and

(d) you are not a *registered tax agent or a *qualified tax relevant provider; and

(e) in the case of the tax (financial) advice service provided on your behalf by another person - that other person is not a registered tax agent or a qualified tax relevant provider; and

(f) in the case of you providing the tax (financial) advice service as a legal service - you are prohibited, under a *State law or *Territory law that regulates legal practice and the provision of legal services, from providing that tax (financial) advice service.

Civil penalty:

(a) for an individual - 250 penalty units; and

(b) for a body corporate - 1,250 penalty units.

Note:

Subdivision 50-C of this Act and Subdivision 298-B of Schedule 1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.

View history note

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