Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2022

Overview

The Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2022 instrument, issued on 25 March 2022 by Michael Sukkar, Assistant Treasurer and Minister for Housing and Homelessness, Social and Community Housing, appoints Steven Dobson as a member of the Tax Practitioners Board on a part-time basis for a term of three years. This appointment was made under the authority granted by subsection 60-25(1) of the Tax Agent Services Act 2009. The primary purpose of this legislative instrument is to address the need for qualified and experienced individuals to contribute to the oversight and regulation of tax agents in Australia. The Tax Agent Services Act 2009 established the Tax Practitioners Board to ensure that tax practitioners meet the necessary standards of professional competence and conduct, thereby protecting the interests of taxpayers and maintaining the integrity of the tax system. The appointment aims to enhance the Board's capacity to fulfil its policy objectives effectively.

Scope and Application

The Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2022 applies to the appointment of Steven Dobson as a part-time member of the Tax Practitioners Board for a period of three years. This instrument is issued under the authority of the Assistant Treasurer, Michael Sukkar, who is also the Minister for Housing and Minister for Homelessness, Social and Community Housing. The appointment is made pursuant to subsection 60-25(1) of the Tax Agent Services Act 2009. The Act applies to the conduct and oversight of tax agents and related practices, impacting registered tax agents, tax (financial) advisers, and other entities involved in tax services within Australia. The geographic reach of this legislation is national, as it pertains to the regulation of tax services across the Commonwealth of Australia. There are no stated exclusions, exemptions, or specific thresholds in this particular appointment instrument; however, the broader legislative framework may contain such provisions. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines issued by the Tax Practitioners Board, which provide further detail on the administration and enforcement of the Act.

Key Provisions

The primary provision of the Tax Agent Services (Tax Practitioners Board Member) Appointment (No. 1) 2022 (F2022N00070) notifiable instrument, as referenced in section 1(1), is the appointment of Steven Dobson as a part-time member of the Tax Practitioners Board (TPB) for a duration of three years. This appointment is effective from the day after the instrument is registered, which in this case is 26 March 2022, following the date of the instrument on 25 March 2022. The appointment is made under the authority granted by subsection 60-25(1) of the Tax Agent Services Act 2009. Under the Act, Steven Dobson, as a member of the TPB, is expected to perform duties that align with the governance and oversight of tax agents and registered tax (or BAS) agents. His role involves ensuring compliance with the standards and regulations set forth by the TPB, as well as contributing to policy decisions and disciplinary actions within the tax profession. The obligations of the TPB members generally include attending meetings, participating in decision-making processes, and adhering to the code of professional conduct as outlined by the TPB. The notifiable instrument also implicitly imposes certain obligations on Steven Dobson. These include a duty to act in the public interest, maintain confidentiality, and ensure that any conflicts of interest are managed appropriately. Additionally, he is required to engage in continuing professional development to stay current with industry standards and legislative changes. His role demands a high level of integrity, impartiality, and expertise in tax matters. Breaches of the duties and obligations set out for TPB members can result in serious consequences. While specific offences and penalties are not detailed in this instrument, they are typically outlined in the Tax Agent Services Act 2009. Generally, such breaches can lead to disciplinary actions, including the possibility of removal from office, fines, or other sanctions. For example, serious misconduct or failure to perform duties can lead to penalties that may include substantial fines and potential criminal charges, depending on the nature and severity of the breach. The Act provides mechanisms for investigating and addressing such breaches to ensure the integrity and effectiveness of the TPB.