Income Tax Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 2621

Income Tax Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901,hereby make the following Regulations under the Income Tax Assessment Act 1936.

Dated 27 October 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

J. S. Dawkins

Minister of State for Employment, Education and Training for and on behalf of the Treasurer

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Income Tax Regulations.

2. The Principal Regulations are amended by inserting after regulation 58c the following regulation:

Prescribed qualifications for the purposes of subparagraph 251bc (1) (b) (ii) of the Act

“58ca. (1) For the purposes of subparagraph 251bc (1) (b) (ii) of the Act, the following qualifications are prescribed:

(a) the person:

(i) shall have completed the academic requirements for the award of a degree, diploma or other qualification from an Australian university, college of advanced education or other tertiary institution of an equivalent standard, and have passed examinations in such subjects, under whatever name, which an appropriate authority of the university, college of advanced

 

(S.R. 146/88)—Cat. No. 16/15.9.1988

 

education or other tertiary institution certifies to the Board to represent a course of study in accountancy of not less than 3 years’ duration and in commercial law of not less than 18 months’ duration or shall possess such other qualifications as the Board regards as equivalent to those qualifications;

(ii) shall have:

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

(b) otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to that referred to in sub-subparagraph (a); or

(c) been engaged in such other employment and for such time as the Board regards as equivalent to being engaged in relevant employment as referred to in sub-subparagraph (a); and

(iii) shall have, by written examination, successfully completed a course of study in Australian income tax law acceptable to the Board;

(b) the person:

(i) shall have 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;

(ii) shall have:

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

(b) otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to that referred to in sub-subparagraph (a); or

(c) been engaged in such other employment and for such time as the Board regards as equivalent to being engaged in relevant employment as referred to in sub-subparagraph (a);

(iii) shall have, by written examination or examinations set by a college of technical and further education (or an examination or examinations of an equivalent or higher standard), successfully completed a course of study in basic accounting principles; and

(iv) shall have, by written examination, successfully completed a course of study in Australian income tax law acceptable to the Board;

(c) the person:

(i) shall have completed the academic requirements for the award of a diploma or certificate from a college of technical

 

and further education 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;

(ii) shall have:

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

(b) otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to that referred to in sub-subparagraph (a); or

(c) been engaged in such other employment and for such time as the Board regards as equivalent to being engaged in relevant employment as referred to in sub-subparagraph (a); and

(iii) shall have, by written examination, successfully completed a course of study in Australian income tax law acceptable to the Board; or

(d) the person:

(i) shall have:

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

(b) otherwise been engaged in relevant employment to an extent that the Board regards as equivalent to that referred to in sub-subparagraph (a); or

(c) been engaged in such other employment and for such time as the Board regards as equivalent to being engaged in relevant employment as referred to in sub-subparagraph (a); and

(ii) shall:

(a) be a member of and entitled to vote at meetings of the Australian Society of Accountants or the Institute of Chartered Accountants in Australia; or

(b) have, by written examination or examinations set by a college of technical and further education (or an examination or examinations of an equivalent or higher standard), successfully completed a course of study in basic accounting principles and have, by written examination, successfully completed a course of study in Australian income tax law acceptable to the Board.

“(2) In 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:

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

 

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

(c) the provision of advice in relation to income tax returns, assessments or objections.”.

Repeal of regulations 58d, 58e and 58fa

3. Regulations 58d, 58e and 58fa of the Principal Regulations are repealed.

Application for exemption under section 251l of the Act

4. Regulation 58f of the Principal Regulations is amended by adding at the end the following subregulation:

“(2) An application under subregulation (1) shall be supported by a declaration, signed by the person making the application, stating that the information contained in the application is true and correct in every particular.”.

5. Regulation 58g of the Principal Regulations is repealed and the following regulation substituted:

Place of lodgment of applications

“58g. An application for registration or re-registration as a tax agent, for registration as a nominee of a registered tax agent or for exemption under subsection 251l (2) of the Act, shall be lodged with the secretary of the Board constituted for the State in which the office, or if there is more than one office, the head office, of the applicant is situated.”.

Certificate of registration

6. Regulation 58h of the Principal Regulations is amended by omitting “251j” and substituting “251ja or 251jf”.

Board to notify Commissioner of registration

7. Regulation 58j of the Principal Regulations is amended by omitting “a nominee, additional nominee or substituted nominee” and substituting “a nominee”.

8. Regulation 58k of the Principal Regulations is repealed and the following regulation substituted:

Register of Tax Agents

“58k. (1) Each Board shall maintain a register in which it shall enter the relevant particulars in respect of each person or partnership that is a registered tax agent having a place of business in the State (within the meaning of Part VIIa of the Act) for which the Board is constituted.

“(2) For the purposes of subregulation (1), the following are the relevant particulars:

 

(a) the full name of the person or, in the case of a partnership, the firm name of the partnership;

(b) if the registered tax agent is a person who practises under a name other than the person’s own name—the name under which the person practises;

(c) the address of the principal place where the registered tax agent practises as a registered tax agent and the address of other places (if any) at which the tax agent so practises;

(d) the full name of all nominees (if any) of the registered tax agent;

(e) particulars of any suspension under section 25lk of the Act of the registration of the registered tax agent.

“(3) Where any particular entered in the register in relation to a registered tax agent or a nominee of a registered tax agent is no longer correct, the registered tax agent shall notify the Board of that fact as soon as practicable.

“(4) Upon receipt of notification from a registered tax agent under subregulation (3), the Board shall make such alterations to the register as is appropriate in the circumstances.

“(5) Where the registration of:

(a) a tax agent:

(i) is terminated under section 251jd, 251jk or 251jm of the Act;

(ii) is surrendered under section 251jh of the Act; or

(iii) is cancelled under section 251k of the Act; or

(b) a nominee of a registered tax agent is cancelled under section 251ke of the Act;

the Board shall make such alterations to the register as is appropriate in the circumstances.

“(6) A person may inspect the register and make copies of, or take extracts from, the register.”.

Notification of change of address

9. Regulation 58m of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) Each registered tax agent shall forthwith give notice in writing to the secretary of the Board by which the tax agent has been registered of any change in the address for service:

(a) of the registered tax agent; or

(b) of any nominee of the registered tax agent.”.

10. Regulations 58p and 58pa of the Principal Regulations are repealed and the following regulation substituted:

 

Publication of notice of suspension or cancellation

“58p. (1) Subject to subregulation (4), where the registration of a person or partnership as a tax agent is suspended or cancelled by a Board under section 251k of the Act, the Board shall cause notice of the suspension or cancellation to be published in one or more of the following:

(a) a newspaper circulating generally throughout Australia;

(b) any other newspaper or newspapers that are appropriate having regard to the area in which the tax agent has carried on business as a tax agent.

“(2) Where the registration of a tax agent:

(a) is terminated under section 251jd, 251jk or 251jm of the Act;

(b) is surrendered under section 251jh of the Act; or

(c) is suspended or cancelled under section 251k of the Act;

the Board shall give notice of the termination, surrender, suspension or cancellation, as the case may be, to the Commissioner.

“(3) Subject to subregulation (4), the Commissioner, upon receipt of a notice under subregulation (2) that the registration of a tax agent has been cancelled under section 251k of the Act, shall cause notice of the cancellation to be published in the Gazette.

“(4) Subregulations (1) and (3) do not apply during any time when:

(a) an application for review of a decision under section 251qa of the Act may be lodged; or

(b) a proceeding before the Tribunal in relation to such a decision has not been concluded or an appeal to a court in relation to such a decision is pending.”.

11. Regulation 58q of the Principal Regulations is repealed and the following regulation substituted:

Notification of person ceasing to be nominee of registered tax agent

“58q. Where a person ceases to be a nominee of a registered tax agent, the Board shall notify the Commissioner accordingly.”.

Evidence

12. Regulation 58rof the Principal Regulations is amended:

(a) by omitting from subregulation (1) “Chairman” (wherever occurring) and substituting “Chairperson”;

(b) by omitting from subregulation (2) “Chairman” (wherever occurring) and substituting “Chairperson”; and

(c) by omitting from subregulation (3) “Chairman” (wherever occurring) and substituting “Chairperson”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 October 1988.

2. Statutory Rules 1936 No. 94 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 196 and see also Statutory Rules 1988 Nos. 196 and 208.

Printed by Authority by the Commonwealth Government Printer