Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (114 of 2009)

Schedule 2   Transitional provisions

Part 3   Applications for registration or re-registration

Division 1   Pending applications

10   Pending applications for registration - successor tax agents

(1) If:

(a) the registration of a partnership has been terminated because of section 251JD of the old law; and

(b) a person has applied to a Tax Agents’ Board in accordance with subsection 251JE(1) of the old law; and

(c) the Tax Agents’ Board has not registered the person under section 251JF of the old law before commencement;

then, despite section 251JD of the old law, the partnership’s registration is taken not to have been terminated at the time of the change in the constitution of the partnership.

(2) If:

(a) the registration of a partnership (the original partnership ) has been terminated because of section 251JD of the old law; and

(b) a new partnership has applied to a Tax Agents’ Board in accordance with subsection 251JE(2) of the old law; and

(c) the Tax Agents’ Board has not registered the new partnership under section 251JF of the old law before commencement;

then, despite section 251JD of the old law, the original partnership’s registration is taken not to have been terminated at the time of the change in the constitution of the partnership.

(3) If:

(a) a Tax Agents’ Board received a document from an entity purporting to be an application made in accordance with section 251JE of the old law; and

(b) the Tax Agents’ Board notified the entity in accordance with subsection 251JE(8) of the old law that the Tax Agents’ Board was of the opinion that the document was not an application made in accordance with section 251JE of the old law; and

(c) at commencement, the 7 day period mentioned in subsection 251JE(9) of the old law has not expired; and

(d) the entity has not made an application under section 251JE of the old law, as allowed by subsection 251JE(9) of the old law;

then:

(e) the entity may, under subsection 251JE(9) of the old law, apply in accordance with section 251JE of the old law within 7 days after commencement; and

(f) if the Board is of the opinion that the entity has applied in accordance with section 251JE of the old law - the Board must:

(i) register the entity as a registered tax agent under section 20-25 of the new law; and

(ii) notify the entity of its decision in accordance with section 20-30 of the new law.

(4) To avoid doubt, if the Board decides to grant the application, the Board may, in accordance with subsection 20-30(3) of the new law, require the entity to maintain professional indemnity insurance.