Tax Agent Services (Tax Practitioners Board Member) Appointments (No. 1) 2023

Overview

The Tax Agent Services (Tax Practitioners Board Member) Appointments (No. 1) 2023 instrument was enacted to address the need for the appointment of additional members to the Tax Practitioners Board. This instrument, introduced by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, under the authority granted by subsection 60-25(1) of the Tax Agent Services Act 2009, appoints Simone Carton, Phillip Davies and Kerrie Sadiq as part-time members of the Tax Practitioners Board, each for a term of three years. This appointment is effective from the day after the instrument is registered on the Federal Register of Legislation, which occurred on 9 October 2023. The objective of this notifiable instrument is to ensure that the Tax Practitioners Board has the necessary expertise and capacity to effectively regulate tax agents and maintain high standards within the profession.

Scope and Application

The Tax Agent Services (Tax Practitioners Board Member) Appointments (No. 1) 2023 Instrument appoints Simone Carton, Phillip Davies, and Kerrie Sadiq as part-time members of the Tax Practitioners Board for a term of three years. This appointment is made under subsection 60-25(1) of the Tax Agent Services Act 2009 by Stephen Jones, the Assistant Treasurer and Minister for Financial Services. The Tax Agent Services Act 2009 applies to tax practitioners, including tax agents and BAS agents, and governs the conduct, registration, and professional standards of these individuals and entities. The Act extends nationally across Australia, covering both Commonwealth and state jurisdictions. It encompasses the regulation of tax agent services, including their appointment, conduct, and compliance with professional standards and legislative requirements. The Act does not specify exclusions, exemptions, or particular thresholds for its application but relies on subordinate instruments for detailed regulatory measures and specific operational guidelines. These subordinate instruments can further refine the application of the Act by detailing procedural aspects, penalties, and specific standards for the profession.

Key Provisions

The main operative sections of the Tax Agent Services (Tax Practitioners Board Member) Appointments (No. 1) 2023 (the "Instrument") are sections 1 and 2. Section 1 appoints Simone Carton, Phillip Davies, and Kerrie Sadiq as part-time members of the Tax Practitioners Board, while section 2 specifies the term of their appointment, which is three years from the day after the instrument is registered on the Federal Register of Legislation. These appointments are made under subsection 60-25(1) of the Tax Agent Services Act 2009 by Stephen Jones, the Assistant Treasurer and Minister for Financial Services. The Instrument imposes obligations on the appointed members to act in accordance with their roles as members of the Tax Practitioners Board, as outlined in the Tax Agent Services Act 2009. These roles likely involve overseeing the conduct of tax agents, ensuring compliance with relevant laws, and contributing to the regulation and governance of the tax agent profession. The Board members are expected to perform their duties diligently and in the public interest, in line with the objectives of the Act. The Instrument does not specify any offences, penalties, or consequences for breach of its provisions. However, any breach of the duties and obligations outlined in the Tax Agent Services Act 2009 may lead to disciplinary action or removal from office, as provided for under that Act. The specific consequences for non-compliance with the Act would depend on the nature and severity of the breach and would be governed by the relevant provisions of the Act. In summary, the Tax Agent Services (Tax Practitioners Board Member) Appointments (No. 1) 2023 appoints three individuals to the Tax Practitioners Board for a period of three years, imposes duties on these members to act in accordance with the Tax Agent Services Act 2009, and does not specify any penalties for breach of the Instrument itself, though breaches of the Act may result in disciplinary action.