Tax Agent Services (Tax Practitioners Board Acting Chair) Appointment (No. 1) 2023
I, Stephen Jones, Assistant Treasurer and Minister for Financial Services, under subsection 60-67(1) of the Tax Agent Services Act 2009 (the Act) and subsection 33A(1) of the Acts Interpretation Act 1901:
(a) appoint Peter de Cure AM as the acting Chair of the Tax Practitioners Board, on a part‑time basis, for the period beginning on 18 May 2023 until the earlier of:
(i) 17 August 2023; or
(ii) an appointment of a Chair under subsection 60-25(2) of the Act takes effect; and
(b) determine that, during the period of appointment referred to in paragraph (a), the annual fee payable to the appointee is $144,700 (pro-rated for that period of appointment) and the allowances payable are those that would apply to the Chair of the Tax Practitioners Board.
Dated 16 May 2023
Stephen Jones
Assistant Treasurer and Minister for Financial Services
Overview
The Tax Agent Services (Tax Practitioners Board Acting Chair) Appointment (No. 1) 2023I, enacted by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, under the authority granted by the Tax Agent Services Act 2009 and the Acts Interpretation Act 1901, addresses the need for an acting Chair of the Tax Practitioners Board on a part-time basis. This legislation fills a temporary leadership gap within the Board, ensuring its continued operation and compliance with regulatory standards during the interim period. The policy objective is to maintain the effective governance and oversight of tax agent services in Australia by providing a qualified acting Chair until a permanent appointment can be made or until 17 August 2023, whichever occurs first. The instrument also specifies the remuneration and allowances for the acting Chair, ensuring that the position is adequately compensated for the responsibilities undertaken.
Scope and Application
The Tax Agent Services (Tax Practitioners Board Acting Chair) Appointment (No. 1) 2023 Instrument appoints Peter de Cure AM as the acting Chair of the Tax Practitioners Board under the Tax Agent Services Act 2009. This appointment is made for a specific period, beginning on 18 May 2023, and ending on either 17 August 2023 or when a permanent Chair is appointed under the Act, whichever comes first. The instrument also specifies the remuneration for Mr. de Cure during his tenure, including an annual fee of $144,700, pro-rated for the period of his appointment, and allowances equivalent to those of a permanent Chair of the Tax Practitioners Board. The appointment is made pursuant to the authority granted by the Act and the Acts Interpretation Act 1901, reflecting the legislative intent to ensure continuity in the leadership of the Tax Practitioners Board during transitional periods. The instrument does not alter the jurisdictional scope of the Act itself, which applies to tax agents and related services across Australia, but it does clarify the temporary leadership arrangement within the Board.
Key Provisions
The Tax Agent Services (Tax Practitioners Board Acting Chair) Appointment (No. 1) 2023 (F2023N00108) outlines the appointment of Peter de Cure AM as the acting Chair of the Tax Practitioners Board, effective from 18 May 2023 until 17 August 2023 or until a new Chair is appointed, whichever comes first. Under section 60-67(1) of the Tax Agent Services Act 2009, Peter de Cure AM will serve on a part-time basis, with the annual fee for this role set at $144,700, pro-rated for the specified period. Additionally, the allowances payable to the acting Chair will align with those provided to the Chair of the Tax Practitioners Board.
This legislation imposes several obligations on the acting Chair. Firstly, Peter de Cure AM must diligently perform the duties and responsibilities associated with the role of Chair, ensuring the effective governance and oversight of tax practitioners in accordance with the provisions of the Tax Agent Services Act 2009. This includes participating in decision-making processes, attending board meetings, and engaging with relevant stakeholders to uphold the standards and integrity of the tax agent profession. Furthermore, the acting Chair must adhere to the financial terms outlined in the instrument, ensuring the pro-rated annual fee and allowances are correctly accounted for and utilised in line with the legislative framework.
Failure to comply with the obligations set forth in this legislation could lead to various consequences. While specific offences and penalties are not detailed within the instrument, breaches of the terms of appointment or misuse of the allowances could potentially result in legal repercussions. Under the Acts Interpretation Act 1901, any actions that contravene the provisions of the Tax Agent Services Act 2009 could attract penalties as outlined in the Act, which may include fines and other administrative sanctions. Additionally, if the acting Chair's conduct is found to be in violation of professional standards or ethical guidelines, it could lead to disciplinary actions by the Tax Practitioners Board or other relevant regulatory bodies.