Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2021

Overview

The Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2021I, issued under the authority of the Tax Agent Services Act 2009, appoints Peter Hogan as a part-time member of the Tax Practitioners Board for a term of three years. Enacted by Michael Sukkar, the Assistant Treasurer and Minister for Housing, this legislative instrument fills a specific need for qualified expertise within the Tax Practitioners Board. The appointment aims to ensure that the Board has the necessary skills and experience to regulate tax agents effectively, thereby upholding the integrity and standards of the tax profession in Australia. This appointment underscores the policy objective of maintaining a competent and trustworthy regulatory body that can address issues within the tax agent services sector.

Scope and Application

The Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2021I pertains to the appointment of Peter Hogan as a part-time member of the Tax Practitioners Board under the Tax Agent Services Act 2009. This Act applies to individuals who are registered tax agents or tax (financial) planners, as well as to the Tax Practitioners Board itself, which is responsible for regulating these professionals in Australia. The geographic reach of the Act is national, applying across the Commonwealth of Australia, and it encompasses entities and individuals involved in the provision of tax agent services. The Act does not specify particular exclusions or exemptions, but rather sets the parameters for the regulation and oversight of tax agent services, which includes setting standards, handling complaints, and conducting investigations. The application of the Act can be extended or restricted through subordinate instruments, which allow for further detail and operational guidelines to be established, thereby ensuring the Act's provisions are effectively implemented across the country.

Key Provisions

The primary operative section of this legislation is Section 1, which establishes the appointment of Peter Hogan as a member of the Tax Practitioners Board on a part-time basis for a term of three years. This section is made under subsection 60-25(1) of the Tax Agent Services Act 2009, providing the legal authority for the appointment. The commencement date of this appointment is defined as the day after the instrument is registered on the Federal Register of Legislation, which was 6 August 2021. This date is crucial as it marks the official start of Peter Hogan's tenure in the role. The obligations and requirements imposed by this Act are centred around the duties and responsibilities of Peter Hogan as a member of the Tax Practitioners Board. Although the specific duties of the board members are outlined in the Tax Agent Services Act 2009, generally, they involve ensuring compliance with legislative requirements for tax agents and protecting the public interest in the administration of tax laws. Peter Hogan will be expected to contribute to the board's decision-making processes, participate in meetings, and engage in the regulatory activities of the Tax Practitioners Board during his three-year term. The legislation does not explicitly detail offences, penalties, or consequences for breach within this particular instrument. However, the overarching framework provided by the Tax Agent Services Act 2009 includes provisions for potential breaches of duty by board members. Such breaches could result in penalties under the Act, including fines and potential removal from office. The specific penalties for any breaches would be determined by the courts based on the severity and nature of the breach, as well as any relevant case law or statutory provisions. It is important to refer to the Tax Agent Services Act 2009 for a comprehensive understanding of the potential consequences for any breaches of duty by board members.