Tax Agent Services (Tax Practitioners Board Acting Member) Appointment (No. 1) 2025

Overview

The Tax Agent Services (Tax Practitioners Board Acting Member) Appointment (No. 1) 2025I was enacted in 2025 to address the need for interim leadership at the Tax Practitioners Board, particularly in ensuring regulatory compliance and the effective functioning of the board during a period of transition. This notifiable instrument was introduced under subsection 60-67(3) of the Tax Agent Services Act 2009 and subsection 33A(1) of the Acts Interpretation Act 1901 by Stephen Jones, the Assistant Treasurer and Minister for Financial Services. The policy objective is to facilitate a seamless transition in the administration of tax agent services by appointing a qualified acting member who can uphold the standards and responsibilities of the board in the interim period. This legislative action aims to maintain the continuity of the board's duties and ensure that the tax agent services sector remains adequately regulated during any gaps in permanent membership.

Scope and Application

The Tax Agent Services (Tax Practitioners Board Acting Member) Appointment (No. 1) 2025I is a notifiable instrument that appoints Debra Anderson as an acting member of the Tax Practitioners Board under the Tax Agent Services Act 2009. This appointment is made for a part-time role that will commence on 18 February 2025 and will remain in effect until either 17 May 2025 or the appointment of a substantive member under subsection 60-25(1) of the Act, whichever comes first. The legislation is specific to the appointment of an acting member, thereby impacting the operations and administrative functions of the Tax Practitioners Board. The Act applies to the Tax Practitioners Board, and its reach is confined to the federal jurisdiction within Australia. The instrument also specifies the remuneration for the acting member, setting the daily fee at $1,229 and the allowances equivalent to those applicable to a substantive member of the Board. There are no stated exclusions or exemptions within this particular instrument, and it does not extend or restrict the application of the Act beyond its specific terms.

Key Provisions

The main operative sections of the Tax Agent Services (Tax Practitioners Board Acting Member) Appointment (No. 1) 2025I involve the appointment of Debra Anderson as an acting member of the Tax Practitioners Board, on a part-time basis, for a specified period. The appointment is effective from 18 February 2025 and will conclude on 17 May 2025, or when a substantive member is appointed under subsection 60-25(1) of the Tax Agent Services Act 2009, whichever occurs first (subsection 60-67(3)). This instrument also determines that Debra Anderson's daily fee during her tenure as an acting member is set at $1,229, along with allowances equivalent to those applicable to a regular member of the Tax Practitioners Board (subsection 33A(1) of the Acts Interpretation Act 1901). The obligations imposed on the parties governed by this Act are primarily centred on the role and duties of Debra Anderson as an acting member of the Tax Practitioners Board. As an acting member, she is expected to perform her duties with the same level of commitment and responsibility as a substantive member. This includes participating in the regulation and oversight of tax agents to ensure compliance with relevant professional standards and legislative requirements. Furthermore, the instrument specifies that Debra Anderson's remuneration and allowances must be in accordance with the rates prescribed for a full-time member of the Board, ensuring that her acting role is compensated appropriately. In terms of potential breaches and consequences, the legislation does not explicitly outline specific offences or penalties within the notifiable instrument itself. However, any failure to adhere to the terms of Debra Anderson's appointment, such as not fulfilling her duties or accepting improper compensation, could lead to legal ramifications under the Tax Agent Services Act 2009. The Act provides for various sanctions, including fines and potential disqualification from acting in a similar capacity in the future. While the exact penalties are not detailed in this instrument, they are likely to align with the general penalties prescribed by the Act for breaches of its provisions.