Tax Agents Services (Tax Practitioners Board Member) Appointment (No. 2) 2021

Overview

The Tax Agents Services (Tax Practitioners Board Member) Appointment (No. 2) 2021, issued under the authority of Michael Sukkar, the Assistant Treasurer, Minister for Housing, and Minister for Homelessness, Social and Community Housing, appoints Debra Anderson as a part-time member of the Tax Practitioners Board for a three-year term from 18 February 2022 to 17 February 2025. This notifiable instrument is a legislative response to the need for qualified individuals to serve on the Tax Practitioners Board, which was established under the Tax Agents Services Act 2009 to regulate the conduct and competence of tax agents and tax (financial) planners in Australia. The policy objective behind this appointment is to ensure the board has the necessary expertise and experience to effectively oversee the tax profession and protect the interests of taxpayers. This instrument highlights the ongoing commitment of the Australian government to maintain and enhance the regulatory framework governing tax agents and practitioners. By appointing a dedicated member like Debra Anderson, the government aims to bolster the oversight and governance of the tax profession, thereby contributing to the integrity and efficiency of the tax system. This appointment is a clear demonstration of the government's dedication to upholding high standards within the tax profession and ensuring that practitioners adhere to the requisite professional and ethical standards.

Scope and Application

The Tax Agents Services (Tax Practitioners Board Member) Appointment (No. 2) 2021I, issued under the authority of the Tax Agents Services Act 2009, pertains specifically to the appointment of Debra Anderson as a part-time member of the Tax Practitioners Board. This legislation applies to the individual appointed, Debra Anderson, and her role within the Tax Practitioners Board, an entity responsible for overseeing and regulating tax practitioners in Australia. The scope of the Act extends to the professional conduct and activities of tax practitioners across Australia, ensuring that they meet the standards and comply with the regulations set by the Board. This Act has a national reach, impacting all tax practitioners regardless of their location within Australia. While the Act itself does not explicitly detail exclusions, exemptions, or thresholds, it is understood that its application may be further defined through subordinate instruments and Board regulations, which can specify detailed operational guidelines and exceptions as necessary.

Key Provisions

The main operative section of this notifiable instrument, section 3, appoints Debra Anderson as a member of the Tax Practitioners Board (TPB) on a part-time basis from 18 February 2022 to 17 February 2025. This appointment is made under subsection 60-25(1) of the Tax Agents Services Act 2009 (Cth), empowering the Assistant Treasurer, Michael Sukkar, to appoint individuals to the TPB. The instrument is dated 15 December 2021, and the appointment is formally signed by Michael Sukkar in his capacity as Assistant Treasurer, Minister for Housing, and Minister for Homelessness, Social and Community Housing. The appointment of Debra Anderson to the TPB imposes certain obligations on her as a member. These include participating in the governance and oversight of tax practitioners registered under the Tax Agents Services Act 2009, contributing to decisions that ensure the professional standards and conduct of tax agents are maintained, and attending meetings and fulfilling duties as specified by the Board. As a member, Debra Anderson is expected to adhere to the ethical standards and codes of conduct relevant to her role, as well as any additional requirements imposed by the TPB or the Act. There are no explicit offences, penalties, or consequences for breach outlined in this notifiable instrument. However, the broader legislative framework under which the TPB operates, the Tax Agents Services Act 2009, does provide for a range of potential sanctions. These include disciplinary actions, fines, and the revocation of registration for tax agents who fail to comply with the Act’s provisions. For individuals appointed to the TPB, failure to discharge their duties in accordance with the Act could potentially lead to removal from office or other administrative actions. The Act itself stipulates various penalties for non-compliance by tax agents, which can include substantial fines and imprisonment terms. While this specific notifiable instrument does not detail these penalties, they are integral to the governance and regulatory framework within which Debra Anderson will operate as a TPB member.