Tax Agent Services (Tax Practitioners Board Acting Member and Acting Chair) Appointment (No. 1) 2023
I, Stephen Jones, Assistant Treasurer and Minister for Financial Services, under subsections 60-67(1) and (3) of the Tax Agent Services Act 2009 and subsection 33A(1) of the Acts Interpretation Act 1901:
(a) appoint Ian Klug AM as an acting member and the acting Chair of the Tax Practitioners Board, on a part-time basis, for the period beginning on 18 February 2023 until 17 May 2023; 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 February 2023
Stephen Jones
Assistant Treasurer and Minister for Financial Services
Overview
The Tax Agent Services (Tax Practitioners Board Acting Member and Acting Chair) Appointment (No. 1) 2023 was enacted to address the need for temporary appointments within the Tax Practitioners Board, a body established under the Tax Agent Services Act 2009. This notifiable instrument, issued by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, aims to ensure the continued oversight and regulation of tax agents in Australia by appointing Ian Klug AM as both an acting member and the acting Chair of the Tax Practitioners Board. This appointment was necessary to fill a temporary vacancy and maintain the operational effectiveness of the Board. The policy objective behind this appointment is to provide stability and continuity in the regulatory framework governing tax agents, ensuring compliance with the standards set forth in the Tax Agent Services Act 2009.
Scope and Application
The F2023N00025 Notifiable Instrument, titled "Tax Agent Services (Tax Practitioners Board Acting Member and Acting Chair) Appointment (No. 1) 2023," establishes the appointment of Ian Klug AM as an acting member and acting Chair of the Tax Practitioners Board, effective from 18 February 2023 until 17 May 2023, on a part-time basis. This instrument is issued under subsections 60-67(1) and (3) of the Tax Agent Services Act 2009 and subsection 33A(1) of the Acts Interpretation Act 1901, by Stephen Jones, Assistant Treasurer and Minister for Financial Services. The Act applies to the individual appointment of Mr. Klug to these roles within the Commonwealth of Australia and pertains specifically to the governance and oversight of tax agent services by the Tax Practitioners Board. Additionally, the Act determines the remuneration for Mr. Klug during his period of appointment, setting the annual fee at $144,700, pro-rated for the specified period, along with allowances equivalent to those applicable to the Chair of the Tax Practitioners Board. This instrument does not detail any exclusions, exemptions, or thresholds, nor does it extend or restrict the application beyond the parameters of the specified appointment and remuneration.
Key Provisions
The legislation, F2023N00025 (Notifiable instrument), outlines the appointment of Ian Klug AM as an acting member and the acting Chair of the Tax Practitioners Board (TPB) on a part-time basis. This appointment, as detailed in section 1(a), is effective from 18 February 2023 until 17 May 2023. Under this arrangement, Ian Klug AM will assume the roles and responsibilities typically associated with the Chair of the TPB during this interim period. This appointment is made under the authority of subsections 60-67(1) and (3) of the Tax Agent Services Act 2009 and subsection 33A(1) of the Acts Interpretation Act 1901.
The obligations and requirements imposed by this Act on Ian Klug AM, once appointed, are to perform the duties of the acting Chair of the TPB. This includes participating in meetings, making decisions, and providing leadership within the scope of the TPB's responsibilities. As an acting member, Ian Klug AM is expected to contribute to the TPB's regulatory activities, ensuring compliance with relevant legislation and standards. His role during this period is to maintain the governance and oversight functions of the TPB, ensuring that tax agent services are regulated effectively.
The legislation also specifies the financial terms of Ian Klug AM's appointment. According to section 1(b), the annual fee payable to the appointee for this part-time acting role is $144,700, which is pro-rated for the specified period of appointment. Additionally, he is entitled to allowances that would apply to the Chair of the TPB. This financial arrangement ensures that Ian Klug AM is compensated appropriately for his time and responsibilities during the acting period.
There are no explicit provisions within this legislation regarding offences, penalties, or consequences for breach. However, any failure to comply with the terms of the appointment or the duties associated with the role could potentially lead to legal and professional repercussions. As a public official acting on behalf of the TPB, Ian Klug AM would be expected to adhere to the ethical and professional standards applicable to his position. Breach of these standards could result in disciplinary action, including potential removal from office, as well as civil or criminal liability depending on the nature and severity of the breach.