Income Tax Amendment Regulations 2005 (No. 3) (Cth)

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Income Tax Amendment Regulations 2005 (No. 3)1

Select Legislative Instrument 2005 No. 117

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Income Tax Assessment Act 1936.

Dated 7 June 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

MAL BROUGH

Minister for Revenue and Assistant Treasurer

1Name of Regulations

These Regulations are the Income Tax Amendment Regulations 2005 (No. 3).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Income Tax Regulations 1936

Schedule 1 amends the Income Tax Regulations 1936.

Schedule 1Amendments

(regulation 3)

[1]Regulations 155 to 158

substitute

155Communications to Board

All correspondence to a Board, including applications under the Act or these Regulations, must be addressed to:

  1. (a)

    the secretary in the State for which the Board is constituted; or

  2. (b)

    a person nominated by the Board to receive correspondence, and whose name and address are published on the Board’s web site.

Note The Board’s web site is qualifications for subparagraph 251BC (1) (b) (ii) of the Act

  1. (1)

    For subparagraph 251BC (1) (b) (ii) of the Act, the qualifications set out in subregulations (2), (3), (4) and (5) are prescribed.

  2. (2)

    A qualification is that a person:

    1. (a)

      has successfully completed the academic requirements for the award of a degree, diploma or other qualification from:

      1. (i)

        an Australian university; or

      2. (ii)

        a college of technical and further education; or

      3. (iii)

        another educational institution of an equivalent standard; and

    2. (b)

      either:

      1. (i)

        has successfully passed examinations in the subjects (however named) which an appropriate authority of that university, college or institution certifies to the Board to represent a course of study in accountancy of not less than 3 years duration (including a course of study in commercial law of not less than 18 months duration); or

      2. (ii)

        has such other qualification as the Board regards as equivalent to that qualification; and

    3. (c)

      has:

      1. (i)

        been engaged in relevant employment on a full‑time basis for not less than a total of 12 months in the preceding 5 years; or

      2. (ii)

        otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to the employment mentioned in subparagraph (i); or

      3. (iii)

        been engaged in such other employment, and for such time, as the Board regards as equivalent to being engaged in the relevant employment mentioned in subparagraph (i); and

    4. (d)

      has successfully completed a course of study in Australian income tax law that is acceptable to the Board.

  3. (3)

    A qualification is that a person:

    1. (a)

      has successfully completed the academic requirements for admission as a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory; and

    2. (b)

      has:

      1. (i)

        been engaged in relevant employment on a full-time basis for not less than a total of 12 months in the preceding 5 years; or

      2. (ii)

        otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to the employment mentioned in subparagraph (i); or

      3. (iii)

        been engaged in such other employment, and for such time, as the Board regards as equivalent to being engaged in the relevant employment mentioned in subparagraph (i); and

    3. (c)

      has successfully completed a course of study in basic accounting principles in accordance with the requirements of a college of technical and further education or another educational institution of an equivalent standard; and

    4. (d)

      has successfully completed a course of study in Australian income tax law that is acceptable to the Board.

  4. (4)

    A qualification is that a person:

    1. (a)

      has successfully completed the academic requirements for:

      1. (i)

        the award of a diploma or certificate from a college of technical and further education or another educational institution of an equivalent standard; or

      2. (ii)

        the award of a post-graduate degree or graduate diploma from a university, a college of technical and further education or another educational institution of an equivalent standard;

    following a course of study in accountancy of not less than 2 years duration of full-time study or 4 years duration of part-time study; and

    1. (b)

      has:

      1. (i)

        been engaged in relevant employment on a full-time basis for not less than a total of 2 years in the preceding 5 years; or

      2. (ii)

        otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to the employment mentioned in subparagraph (i); or

      3. (iii)

        been engaged in such other employment, and for such time, as the Board regards as equivalent to being engaged in the relevant employment mentioned in subparagraph (i); and

    2. (c)

      has successfully completed a course of study in Australian income tax law that is acceptable to the Board.

(5) A qualification is that a person:

  1. (a)

    has:

    1. (i)

      been engaged in relevant employment on a full-time basis for not less than a total of 8 years in the preceding 10 years; or

    2. (ii)

      otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to the employment mentioned in subparagraph (i); or

    3. (iii)

      been engaged in such other employment, and for such time, as the Board regards as equivalent to being engaged in the relevant employment mentioned in subparagraph (i); and

  2. (b)

    either:

    1. (i)

      is a member of, and entitled to vote at meetings of, a recognised professional association (within the meaning of section 251LA of the Act); or

    2. (ii)

      has:

      1. (A)

        successfully completed a course of study in basic accounting principles in accordance with the requirements of a college of technical and further education, or an educational institution of an equivalent standard; and

      2. (B)

        successfully completed a course of study in Australian income tax law that is acceptable to the Board.

Note The Commissioner publishes the names of recognised professional associations on the Australian Taxation Office web site at this regulation:

relevant employment means employment by a person or a partnership, or as a member of a partnership, in the course of which there has been substantial involvement in income tax matters including:

  1. (a)

    the preparation or examination of a broad range of income tax returns; and

  2. (b)

    the preparation or examination of objections to assessments issued in respect of such returns; and

  3. (c)

    the provision of advice in relation to income tax returns, assessments or objections.

158Place of lodgement of applications

An application for registration or re-registration as a tax agent, or for registration as a nominee of a registered tax agent, must be lodged:

  1. (a)

    with the secretary in the State for which the Board is constituted; or

  2. (b)

    at an address specified by the Board for receiving correspondence, and published on the Board’s web site.

Note The Board’s web site is 162

omit

[3]Subregulation 163 (1)

omit

or exempted from the operation of section 251L of the Act

[4]Subregulation 163 (1)

omit

159, 162 or 169, as the case may be.

insert

159 or 169.

[5]Subregulation 164 (2)

omit

[6]Subregulations 169 (1) and (2)

substitute

  1. (1)

    If a registered tax agent moves his, her or its principal place of business to another State:

    1. (a)

      the Board holding the agent’s documents, in relation to the registration of the agent, must provide the documents to the Board in the other State; and

    2. (b)

      the agent must return to the Board, in the State in which the agent was previously located, the certificate of registration issued under regulation 159.

  2. (2)

    If a registered tax agent has complied with paragraph 1 (b), the Board in the other State must issue a certificate of registration to the agent.

[7]Further amendments — non-discriminatory language

Provision

omit each mention of

insert

Regulation 153, definition of the secretary

his

his or her

Subregulation 163 (1)

his

his or her

Regulation 165

him or it

the person or partnership

Regulation 165

his or its

the person’s or partnership’s

Paragraph 168 (2) (b)

him

him or her

Paragraph 168 (2) (b)

his

his or her

Subregulation 168 (3)

him

him or her

Subregulation 168 (4)

his

his or her

[8]Further amendments

Provision

omit each mention of

insert

Subregulations 154 (1), (2) and (3)

shall

must

Regulation 159

shall

must

Regulation 160

shall

must

Subregulations 161 (1), (3), (4) and (5)

shall

must

Subregulation 163 (2)

shall

must

Subregulation 164 (1)

shall

must

Subregulations 166 (1), (2) and (3)

shall

must

Regulation 167

shall

must

Paragraph 168 (1) (a)

shall

must

Subregulation 168 (3)

shall

must

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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