Termination of BAS agent registrations - November 2019

Overview

The Tax Agent Services Act 2009 (TASA) was enacted by the Parliament of Australia to establish a regulatory framework governing tax agents and BAS agents in Australia. The Act aims to protect the public by ensuring that tax practitioners meet certain standards of competence, integrity, and professionalism. The Tax Practitioners Board, established under the Act, is responsible for the registration and ongoing regulation of tax agents and BAS agents, ensuring they comply with the legislative requirements. The policy objective is to enhance the integrity and reliability of the tax and BAS agent profession, thereby safeguarding the interests of taxpayers and maintaining the integrity of the Australian tax system. The document details the termination of the registration of multiple BAS agents under the TASA, effective from 1 November 2019, and 12 November 2019, due to various reasons such as surrender of registration or failure to meet the registration requirements. The terminations were carried out by the Tax Practitioners Board, acting under the authority conferred by the TASA, to ensure compliance with the regulatory standards. The action highlights the Board’s commitment to maintaining high standards within the BAS agent profession.

Scope and Application

The Gazette C2020G00797, issued by the Tax Practitioners Board, pertains to the termination of Business Activity Statement (BAS) agent registrations under the Tax Agent Services Act 2009 (TASA). This Act applies to individuals and entities registered as BAS agents within Australia, governing their professional conduct and ensuring compliance with legislative requirements. The terminations listed in the Gazette are effective from 1 November 2019 to 12 November 2019, with reasons ranging from voluntary surrenders to instances where the individual or entity no longer meets the registration requirements. The Act applies across the Commonwealth of Australia, and while it sets out the primary legislative framework, specific regulations and standards may be further detailed in subordinate instruments. Notably, the Gazette does not specify exclusions or exemptions within the scope of these terminations, thereby encompassing all registered BAS agents affected by the listed actions.

Key Provisions

The key provisions of this piece of legislation, the Gazette C2020G00797, relate to the termination of BAS agent registrations under the Tax Agent Services Act 2009 (TASA). The Gazette lists the names of various BAS agents whose registrations have been terminated by the Tax Practitioners Board (TPB) as of specific dates. The reason for termination, in most cases, is the voluntary surrender of registration (sections 40-140 and 40-150). However, there is an exception for one agent, Damian Scodella, whose registration was terminated because he no longer met the registration requirements (section 40-170). The terminations were effective from specific dates, predominantly 12 November 2019, with one termination effective from 1 November 2019. The Act imposes various obligations on the parties and entities it governs. Registered BAS agents must comply with the requirements set out in the TASA, which include maintaining professional indemnity insurance, meeting continuing professional development requirements, and adhering to the Tax Practitioners Board's code of professional conduct (sections 96-120 and 96-135). Failure to comply with these obligations can result in disciplinary action, including suspension or termination of registration. The Gazette highlights the consequences of non-compliance by listing the terminated registrations. The Gazette also mentions potential offences, penalties, or civil and criminal consequences for breaches of the Act. For instance, an individual no longer meeting the registration requirements could face penalties under section 130-5 of the TASA, which includes fines of up to $21,000 for individuals and $105,000 for bodies corporate, along with possible imprisonment. Additionally, engaging in conduct that constitutes professional misconduct or engaging in conduct that is dishonourable or unprofessional can result in disciplinary action by the Tax Practitioners Board, which may include suspension or termination of registration (sections 131-5 and 131-15). These penalties serve as a deterrent to non-compliance and ensure that registered BAS agents maintain the necessary standards of professional conduct.