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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Tax Laws Amendment (2013 Measures
No. 3) Bill 2013
No. , 2013
(Treasury)
A Bill for an Act to amend the law relating to
taxation and the Tax Agent Services Act 2009, and
for related purposes
i Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Creating a regulatory framework for tax
(financial) advice services
3
Part 1--Main amendments
3
Tax Agent Services Act 2009
3
Part 2--Consequential amendments
12
Income Tax Assessment Act 1997
12
Tax Agent Services Regulations 2009
12
Part 3--Transitional provisions
13
Schedule 2--Other amendments to the Tax Agent Services Act
2009
17
Schedule 3--Deductible gift recipients
24
Income Tax Assessment Act 1997
24
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 1
A Bill for an Act to amend the law relating to
1
taxation and the Tax Agent Services Act 2009, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Tax Laws Amendment (2013
6
Measures No. 3) Act 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 9
1 July 2014.
1 July 2014
3. Schedule 1,
item 10
1 January 2016.
1 January 2016
4. Schedule 1,
items 11 to 46
1 July 2014.
1 July 2014
5. Schedule 1,
item 47
1 July 2013.
1 July 2013
6. Schedule 1,
items 48 to 51
1 July 2014.
1 July 2014
7. Schedule 2
The day after this Act receives the Royal
Assent.
8. Schedule 3
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
(1) Each Act, and each set of regulations, that is specified in a
8
Schedule to this Act is amended or repealed as set out in the
9
applicable items in the Schedule concerned, and any other item in a
10
Schedule to this Act has effect according to its terms.
11
(2) The amendment of any regulation under subsection (1) does not
12
prevent the regulation, as so amended, from being amended or
13
repealed by the Governor-General.
14
Creating a regulatory framework for tax (financial) advice services Schedule 1
Main amendments Part 1
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 3
Schedule 1
--
Creating a regulatory framework
1
for tax (financial) advice services
2
Part 1
--
Main amendments
3
Tax Agent Services Act 2009
4
1 Paragraphs 2-5(a), (b) and (c)
5
Omit "and BAS agents", substitute ", BAS agents and tax (financial)
6
advisers".
7
2 Section 20-1
8
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
9
adviser".
10
3 Section 20-5 (heading)
11
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
12
adviser".
13
4 Subsection 20-5(1)
14
Omit "or BAS agent" (wherever occurring), substitute ", BAS agent or
15
tax (financial) adviser".
16
5 Subsection 20-5(2)
17
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
18
adviser".
19
6 At the end of paragraph 20-5(2)(c)
20
Add:
21
; or (iii) in the case of registration as a
*
registered tax (financial)
22
adviser--taking into account the requirements of
23
paragraphs 912A(1)(d) to (f) of the Corporations Act
24
2001, a sufficient number of individuals, being
25
registered tax agents or registered tax (financial)
26
advisers, to provide
*
tax (financial) advice services to a
27
competent standard, and to carry out supervisory
28
arrangements.
29
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 1 Main amendments
4 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
7 Subsection 20-5(3)
1
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
2
adviser".
3
8 At the end of paragraph 20-5(3)(d)
4
Add:
5
; or (iii) in the case of registration as a
*
registered tax (financial)
6
adviser--taking into account the requirements of
7
paragraphs 912A(1)(d) to (f) of the Corporations Act
8
2001, a sufficient number of individuals, being
9
registered tax agents or registered tax (financial)
10
advisers, to provide
*
tax (financial) advice services to a
11
competent standard, and to carry out supervisory
12
arrangements.
13
9 Section 20-10
14
Omit "and BAS agents", substitute ", BAS agents and tax (financial)
15
advisers".
16
10 Subsection 20-20(1)
17
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
18
adviser".
19
11 Paragraph 20-25(7)(a)
20
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
21
adviser".
22
12 Subsection 20-30(2)
23
Repeal the subsection, substitute:
24
(2) The Board must also notify:
25
(a) in the case of an entity's registration as a
*
registered tax
26
agent, BAS agent or tax (financial) adviser--the
27
Commissioner of the Board's decision; and
28
(b) in the case of an entity's registration as a
*
registered tax
29
(financial) adviser--the Australian Securities and
30
Investments Commission of the Board's decision.
31
Creating a regulatory framework for tax (financial) advice services Schedule 1
Main amendments Part 1
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 5
13 Subsection 20-40(1)
1
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
2
adviser".
3
14 Section 20-45
4
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
5
adviser".
6
15 Sections 30-1 and 30-5
7
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
8
adviser".
9
16 Subsection 30-10(5)
10
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
11
adviser".
12
17 Paragraph 30-20(1)(b)
13
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
14
adviser".
15
18 Subsections 30-25(4) and 30-35(1), (2) and (3)
16
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
17
adviser".
18
19 Subsections 40-5(1), 40-10(1) and 40-15(1)
19
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
20
adviser".
21
20 Subsection 40-20(3)
22
Repeal the subsection, substitute:
23
(3) The Board must also notify:
24
(a) in the case of an entity's registration as a
*
registered tax
25
agent, BAS agent or tax (financial) adviser--the
26
Commissioner of the Board's decision and the reasons for the
27
decision; and
28
(b) in the case of an entity's registration as a
*
registered tax
29
(financial) adviser--the Australian Securities and
30
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 1 Main amendments
6 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
Investments Commission of the Board's decision and the
1
reasons for the decision.
2
21 Section 50-1
3
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
4
adviser".
5
22 Paragraph 50-5(1)(b)
6
After "
*
BAS service", insert "or a
*
tax (financial) advice service".
7
23 After subsection 50-5(2)
8
Insert:
9
(2A) You contravene this subsection if:
10
(a) you provide a service that you know, or ought reasonably to
11
know, is a
*
tax (financial) advice service; and
12
(b) the tax (financial) advice service is not a
*
BAS service; and
13
(c) you charge or receive a fee or other reward for providing the
14
tax (financial) advice service; and
15
(d) you are not a
*
registered tax agent or a
*
registered tax
16
(financial) adviser; and
17
(e) in the case of you providing the tax (financial) advice service
18
as a legal service--you are prohibited, under a
*
State law or
19
*
Territory law that regulates legal practice and the provision
20
of legal services, from providing that tax (financial) advice
21
service.
22
Civil penalty:
23
(a) for an individual--250 penalty units; and
24
(b) for a body corporate--1,250 penalty units.
25
Note:
Subdivision 50-C of this Act and Subdivision 298-B in Schedule 1 to
26
the Taxation Administration Act 1953 determine the procedure for
27
obtaining a civil penalty order against you.
28
24 Paragraph 50-10(1)(b)
29
After "
*
BAS service", insert "or a
*
tax (financial) advice service".
30
25 After subsection 50-10(2)
31
Insert:
32
Creating a regulatory framework for tax (financial) advice services Schedule 1
Main amendments Part 1
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 7
(2A) You contravene this subsection if:
1
(a) you advertise that you will provide a
*
tax (financial) advice
2
service; and
3
(b) the tax (financial) advice service is not a
*
BAS service; and
4
(c) you are not a
*
registered tax agent or a
*
registered tax
5
(financial) adviser; and
6
(d) where the tax (financial) advice service would be provided as
7
a legal service--you are prohibited, under a
*
State law or
8
*
Territory law that regulates legal practice and the provision
9
of legal services, from providing that tax (financial) advice
10
service.
11
Civil penalty:
12
(a) for an individual--50 penalty units; and
13
(b) for a body corporate--250 penalty units.
14
Note:
Subdivision 50-C of this Act and Subdivision 298-B in Schedule 1 to
15
the Taxation Administration Act 1953 determine the procedure for
16
obtaining a civil penalty order against you.
17
26 Section 50-15 (heading)
18
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
19
adviser".
20
27 Paragraph 50-15(a)
21
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
22
adviser".
23
28 Subparagraph 50-25(1)(c)(i)
24
Omit "or BAS agent" (wherever occurring), substitute ", BAS agent or
25
tax (financial) adviser".
26
29 After subsection 50-25(1)
27
Insert:
28
(1A) You contravene this subsection if:
29
(a) you are a
*
registered tax (financial) adviser; and
30
(b) you employ or use the services of an entity to provide
*
tax
31
(financial) advice services on your behalf; and
32
(c) you know, or ought reasonably to know, that:
33
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 1 Main amendments
8 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
(i) the entity is not a registered tax (financial) adviser but
1
was previously a registered tax (financial) adviser; or
2
(ii) the entity is not a registered tax (financial) adviser but
3
was previously a
*
registered tax agent; or
4
(iii) the entity is not a registered tax agent but was
5
previously a registered tax agent; or
6
(iv) the entity is not a registered tax agent but was
7
previously a registered tax (financial) adviser; and
8
(d) you know, or ought reasonably to know, that the entity's
9
registration was terminated within the period of 1 year before
10
you first employed, or first used the services of, the entity.
11
Civil penalty:
12
(a) for an individual--250 penalty units; and
13
(b) for a body corporate--1,250 penalty units.
14
Note:
Subdivision 50-C of this Act and Subdivision 298-B in Schedule 1 to
15
the Taxation Administration Act 1953 determine the procedure for
16
obtaining a civil penalty order against you.
17
30 Subsection 50-25(2)
18
Omit "Subsection (1) does", substitute "Subsections (1) and (1A) do".
19
31 Section 60-1
20
Omit "and BAS agents", substitute ", BAS agents and tax (financial)
21
advisers".
22
32 Section 60-1
23
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
24
adviser".
25
33 Paragraph 60-15(a)
26
Omit "and BAS agents", substitute ", BAS agents and tax (financial)
27
advisers".
28
34 Subparagraph 60-125(8)(c)(iii)
29
Omit "and".
30
35 At the end of paragraph 60-125(8)(c)
31
Add:
32
Creating a regulatory framework for tax (financial) advice services Schedule 1
Main amendments Part 1
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 9
(iv) if the decision or finding concerns a
*
registered tax
1
(financial) adviser or a
*
registered tax agent in relation
2
to providing a
*
tax (financial) advice service--the
3
Australian Securities and Investments Commission; and
4
36 At the end of paragraph 60-125(8)(d)
5
Add:
6
; and (iii) if subparagraph (c)(iv) applies--the Australian
7
Securities and Investments Commission.
8
37 Paragraph 60-135(1)(a)
9
Omit "and BAS agents", substitute ", BAS agents and tax (financial)
10
advisers".
11
38 Paragraph 60-135(1)(b)
12
Omit all the words after "
*
registered tax agent", substitute ", BAS agent
13
or tax (financial) adviser and whose registration has been terminated
14
other than because of a reason prescribed by the regulations".
15
39 Subsection 60-135(3)
16
Omit "or BAS agent" (wherever occurring), substitute ", BAS agent or
17
tax (financial) adviser".
18
40 Section 60-140
19
Omit "or BAS agent" (wherever occurring), substitute ", BAS agent or
20
tax (financial) adviser".
21
41 After subsection 70-40(3)
22
Insert:
23
Disclosures to the Australian Securities and Investments
24
Commission
25
(3A) Subsection 70-35(1) does not apply if the record or disclosure is to
26
the Australian Securities and Investments Commission for the
27
purpose of the Commission performing any of its functions or
28
exercising any of its powers.
29
Note:
A defendant bears an evidential burden in relation to the matters in
30
subsection (3A): see subsection 13.3(3) of the Criminal Code.
31
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 1 Main amendments
10 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
42 Subsection 90-1(1)
1
Insert:
2
financial services licensee has the same meaning as in Chapter 7
3
of the Corporations Act 2001.
4
registered tax agent, BAS agent or tax (financial) adviser means
5
an entity that is registered under this Act as a registered tax agent, a
6
registered BAS agent or a registered tax (financial) adviser.
7
registered tax agents, BAS agents and tax (financial) advisers
8
means the following:
9
(a) entities that are registered under this Act as registered tax
10
agents;
11
(b) entities that are registered under this Act as registered BAS
12
agents;
13
(c) entities that are registered under this Act as registered tax
14
(financial) advisers.
15
registered tax (financial) adviser means an entity that is registered
16
under this Act as a registered tax (financial) adviser.
17
Note:
In most cases, an entity is taken not to be a registered tax (financial)
18
adviser if the entity is suspended from providing tax (financial) advice
19
services under section 30-25.
20
representative has the meaning given by paragraph (a) of the
21
definition of that expression in section 910A of the Corporations
22
Act 2001.
23
tax (financial) advice service has the meaning given by
24
section 90-15.
25
43 At the end of Division 90
26
Add:
27
90-15 Meaning of tax (financial) advice service
28
(1) A tax (financial) advice service is a
*
tax agent service (other than
29
within the meaning of subparagraph (1)(a)(iii) of the definition of
30
that expression) provided by a
*
financial services licensee or a
31
*
representative of a financial services licensee in the course of
32
giving advice of a kind usually given by a financial services
33
Creating a regulatory framework for tax (financial) advice services Schedule 1
Main amendments Part 1
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 11
licensee or a representative of a financial services licensee to the
1
extent that:
2
(a) the service relates to:
3
(i) ascertaining liabilities, obligations or entitlements of an
4
entity that arise, or could arise, under a
*
taxation law; or
5
(ii) advising an entity about liabilities, obligations or
6
entitlements of the entity or another entity that arise, or
7
could arise, under a taxation law; and
8
(b) the service is provided in circumstances where the entity can
9
reasonably be expected to rely on the service for either or
10
both of the following purposes:
11
(i) to satisfy liabilities or obligations that arise, or could
12
arise, under a taxation law;
13
(ii) to claim entitlements that arise, or could arise, under a
14
taxation law.
15
(2) The Board may, by legislative instrument, specify that another
16
service is a tax (financial) advice service.
17
(3) However, a service is not a tax (financial) advice service if:
18
(a) it consists of preparing a return or a statement in the nature of
19
a return; or
20
(b) it is specified in the regulations for the purposes of this
21
paragraph.
22
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 2 Consequential amendments
12 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
Part 2
--
Consequential amendments
1
Income Tax Assessment Act 1997
2
44 Subsection 995-1(1) (paragraph (a) of the definition of
3
recognised tax adviser)
4
Omit "or BAS agent", substitute ", BAS agent or tax (financial)
5
adviser".
6
45 Subsection 995-1(1)
7
Insert:
8
registered tax agent, BAS agent or tax (financial) adviser has the
9
same meaning as in the Tax Agent Services Act 2009.
10
46 Subsection 995-1(1) (definition of registered tax agent or
11
BAS agent)
12
Repeal the definition.
13
Tax Agent Services Regulations 2009
14
47 Subregulation 13(2)
15
Omit "30 June 2013", substitute "30 June 2014".
16
Creating a regulatory framework for tax (financial) advice services Schedule 1
Transitional provisions Part 3
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 13
Part 3
--
Transitional provisions
1
48 Definitions
2
In this Part:
3
authorised representative has the same meaning as in Chapter 7 of the
4
Corporations Act 2001.
5
entity has the same meaning as in the Income Tax Assessment Act 1997.
6
evidential burden has the same meaning as in the new law.
7
financial services licensee has the same meaning as in Chapter 7 of the
8
Corporations Act 2001.
9
new law means the Tax Agent Services Act 2009.
10
notification period means the period:
11
(a) beginning on 1 July 2014; and
12
(b) ending on 31 December 2015.
13
representative has the meaning given by paragraph (a) of the definition
14
of that expression in section 910A of the Corporations Act 2001.
15
taxation law has the same meaning as in the Income Tax Assessment
16
Act 1997.
17
transitional period means the period:
18
(a) beginning on 1 January 2016; and
19
(b) ending on 30 June 2017.
20
49 Provision of tax (financial) advice services by certain
21
entities during the notification period
22
Becoming a registered tax (financial) adviser
23
(1)
If:
24
(a) during the notification period, an entity notifies the Board
25
that the entity provides tax (financial) advice services; and
26
(b) on the day that the Board is notified, the entity is a financial
27
services licensee or an authorised representative of a
28
financial services licensee;
29
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 3 Transitional provisions
14 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
the entity is taken, for the purposes of the new law, to be a registered
1
tax (financial) adviser. The entity's registration commences on the day
2
the Board is notified and expires on the applicable day set out in column
3
2 of the following table:
4
5
Period of registration as a registered tax (financial) adviser
Column 1
Column 2
Item
If an entity notifies the
Board during ...
then, the entity's registration
expires on ...
1
July, August, September,
October, November or
December 2014
31 January 2018
2
January, February, March,
April, May or June 2015
31 October 2017
3
July, August, September,
October, November or
December 2015
31 July 2017
6
Note:
A registered tax (financial) adviser is registered under section 20-25 of the new law.
7
(2)
If an entity notifies the Board under subitem (1), the entity's notification
8
must:
9
(a) be in a form approved by the Board; and
10
(b) include any information, statement or document required by
11
the Board; and
12
(c) be given to the Board in a way required by the Board.
13
(3)
To avoid doubt, if an entity is taken to be a registered tax (financial)
14
adviser under subitem (1), the Board may impose conditions to which
15
the entity's registration is subject.
16
Services may be provided while unregistered if accompanied by
17
disclosure
18
(4)
Despite subsection 50-5(2A) of the new law, a tax (financial) advice
19
service may be provided during the notification period if it is:
20
(a) provided by a financial services licensee or a representative
21
of the licensee; and
22
(b) accompanied by a statement that:
23
Creating a regulatory framework for tax (financial) advice services Schedule 1
Transitional provisions Part 3
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 15
(i) the provider of the advice is not a registered tax
1
(financial) adviser under the new law; and
2
(ii) if the receiver of the advice intends to rely on the advice
3
to satisfy liabilities or obligations or claim entitlements
4
that arise, or could arise, under a taxation law, the
5
receiver should request advice from a registered tax
6
agent or a registered tax (financial) adviser.
7
(5)
A person who wishes to rely on subitem (4) in proceedings for a
8
contravention of a civil penalty provision bears an evidential burden in
9
relation to the matters in that subitem.
10
50 Registering as a registered tax (financial) adviser during
11
the transitional period
12
If:
13
(a) an entity is a financial services licensee or a representative of
14
a financial services licensee (other than an entity taken to be
15
a registered tax (financial) adviser under item 49 of this
16
Schedule); and
17
(b) the entity applies for registration as a registered tax
18
(financial) adviser under section 20-20 of the new law during
19
the transitional period; and
20
(c) the entity would be eligible for registration but for the
21
operation of:
22
(i) paragraph 20-5(1)(b) of the new law (which requires the
23
Board to be satisfied of requirements prescribed by
24
regulations, including requirements in relation to
25
qualifications and experience in respect of registration
26
as a registered tax (financial) adviser); or
27
(ii) subparagraph 20-5(2)(c)(iii) or (3)(d)(iii) of the new
28
law; and
29
(d) the Board is satisfied that the entity has sufficient experience
30
to be able to provide tax (financial) advice services to a
31
competent standard;
32
then, despite paragraph 20-5(1)(b), (2)(c) or (3)(d) of the new law, the
33
entity is eligible for registration.
34
51 Transitional regulations
35
(1)
The Governor-General may make regulations prescribing matters:
36
(a) required or permitted by this Part to be prescribed; and
37
Schedule 1 Creating a regulatory framework for tax (financial) advice services
Part 3 Transitional provisions
16 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Part.
2
(2)
In particular, regulations may be made prescribing matters of a
3
transitional nature (including any saving or application provisions)
4
relating to the amendments or repeals made by Part 1 or 2 of this
5
Schedule.
6
(3)
Subitem (2) does not limit subitem (1).
7
Other amendments to the Tax Agent Services Act 2009 Schedule 2
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 17
Schedule 2
--
Other amendments to the Tax
1
Agent Services Act 2009
2
3
1 At the end of subsection 20-5(1)
4
Add:
5
; and (c) the individual maintains, or will be able to maintain,
6
professional indemnity insurance that meets the Board's
7
requirements; and
8
(d) in the case of a renewal of registration--the individual has
9
completed continuing professional education that meets the
10
Board's requirements.
11
2 At the end of subsection 20-5(2)
12
Add:
13
; and (d) the partnership maintains, or will be able to maintain,
14
professional indemnity insurance that meets the Board's
15
requirements.
16
3 At the end of subsection 20-5(3)
17
Add:
18
; and (e) the company maintains, or will be able to maintain,
19
professional indemnity insurance that meets the Board's
20
requirements.
21
4 Subsection 30-10(13)
22
Repeal the subsection, substitute:
23
(13) You must maintain professional indemnity insurance that meets the
24
Board's requirements.
25
5 At the end of subsection 30-35(1)
26
Add:
27
; or (c) there is a change in your business or email address or of any
28
other circumstances relevant to your registration.
29
6 At the end of subsection 30-35(2)
30
Add:
31
Schedule 2 Other amendments to the Tax Agent Services Act 2009
18 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
; or (d) there is a change in your business or email address or of any
1
other circumstances relevant to your registration.
2
7 At the end of subsection 30-35(3)
3
Add:
4
; or (d) there is a change in your business or email address or of any
5
other circumstances relevant to your registration.
6
8 At the end of section 40-5
7
Add:
8
(3) Despite paragraph (2)(a), the Board need not terminate your
9
registration if:
10
(a) you surrender your registration by notice in writing to the
11
Board; and
12
(b) the Board considers that, due to a current investigation or the
13
outcome of an investigation, it would be inappropriate to
14
terminate your registration.
15
9 After subsection 40-10(2)
16
Insert:
17
(2A) Despite subsection (2), the Board need not terminate your
18
registration if:
19
(a) you surrender your registration by notice in writing to the
20
Board; and
21
(b) the Board considers that, due to a current investigation or the
22
outcome of an investigation, it would be inappropriate to
23
terminate your registration.
24
10 After subsection 40-15(2)
25
Insert:
26
(2A) Despite paragraph (2)(a), the Board need not terminate your
27
registration if:
28
(a) you surrender your registration by notice in writing to the
29
Board; and
30
(b) the Board considers that, due to a current investigation or the
31
outcome of an investigation, it would be inappropriate to
32
terminate your registration.
33
Other amendments to the Tax Agent Services Act 2009 Schedule 2
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 19
11 Subsection 50-5(5)
1
Omit "evidential burden", substitute "
*
evidential burden".
2
12 After subsection 50-10(4)
3
Insert:
4
(4A) If you wish to rely on subsection (3) or (4) in civil penalty
5
proceedings, you bear an
*
evidential burden in relation to that
6
matter.
7
13 Paragraph 50-30(1)(b)
8
Repeal the paragraph, substitute:
9
(b) in the course of providing a
*
tax agent service, you sign a
10
declaration or other statement in relation to a taxpayer that is
11
required or permitted by a
*
taxation law; and
12
14 Paragraph 50-30(2)(b)
13
Repeal the paragraph, substitute:
14
(b) in the course of providing a
*
BAS service, you sign a
15
declaration or other statement in relation to a taxpayer that is
16
required or permitted by a
*
taxation law; and
17
15 Paragraph 50-30(3)(b)
18
Repeal the paragraph, substitute:
19
(b) in the course of providing a
*
tax agent service, you sign a
20
declaration or other statement in relation to a taxpayer that is
21
required or permitted by a
*
taxation law; and
22
16 Paragraph 50-30(4)(b)
23
Repeal the paragraph, substitute:
24
(b) in the course of providing a
*
BAS service, you sign a
25
declaration or other statement in relation to a taxpayer that is
26
required or permitted by a
*
taxation law; and
27
17 Subsection 50-30(5)
28
Omit "evidential burden", substitute "
*
evidential burden".
29
18 Paragraph 60-25(2)(a)
30
After "law of the Commonwealth", insert "on a full-time basis".
31
Schedule 2 Other amendments to the Tax Agent Services Act 2009
20 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
19 At the end of Subdivision 60-B
1
Add:
2
60-67 Acting appointments
3
(1) The Minister may, by written instrument, appoint a
*
Board member
4
to act as the
*
Chair:
5
(a) during a vacancy in the office of the Chair (whether or not an
6
appointment has previously been made to the office); or
7
(b) during any period, or during all periods, when the Chair:
8
(i) is absent from duty or from Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
(2) However, the
*
Board member appointed to act as the
*
Chair must
12
not be:
13
(a) a person who holds any office or appointment (other than as a
14
Board member) under a law of the Commonwealth on a
15
full-time basis; or
16
(b) a person appointed or engaged under the Public Service Act
17
1999.
18
(3) The Minister may, by written instrument, appoint a person to act as
19
a
*
Board member:
20
(a) during a vacancy in the office of a Board member (whether
21
or not an appointment has previously been made to the
22
office); or
23
(b) during any period, or during all periods, when a Board
24
member:
25
(i) is absent from duty or from Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the Acts Interpretation Act 1901.
30
20 After subparagraph 60-125(8)(c)(ii)
31
Insert:
32
(iia) any professional association accredited by the Board
33
under the regulations of which the entity is a member;
34
Other amendments to the Tax Agent Services Act 2009 Schedule 2
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 21
21 After subparagraph 60-125(8)(d)(i)
1
Insert:
2
(ia) if subparagraph (c)(iia) applies--the relevant
3
professional association; and
4
22 Paragraph 70-10(b)
5
Repeal the paragraph.
6
23 After paragraph 70-10(g)
7
Insert:
8
(ga) a decision under Subdivision 40-A not to terminate
9
registration;
10
24 Subsection 70-30(1)
11
Repeal the subsection, substitute:
12
(1) Subject to subsections (1A) and (2), the Board may, by writing,
13
delegate all or any of its functions and powers to:
14
(a) a
*
Board member; or
15
(b) a
*
committee; or
16
(c) an APS employee whose services are made available to the
17
Board under section 60-80; or
18
(d) to a person engaged by the Board.
19
(1A) The Board may not delegate:
20
(a) its function of issuing guidelines; or
21
(b) its power to establish a committee under section 60-85.
22
25 Subsection 70-40(3)
23
Repeal the subsection, substitute:
24
(3) Subsection 70-35(1) does not apply if the record or disclosure is to
25
the Commissioner and is for the purpose of administering a
26
*
taxation law.
27
Note:
A defendant bears an evidential burden in relation to the matters in
28
subsection (3): see subsection 13.3(3) of the Criminal Code.
29
26 Subsection 90-1(1)
30
Insert:
31
Schedule 2 Other amendments to the Tax Agent Services Act 2009
22 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
evidential burden, in relation to a matter, means the burden of
1
adducing or pointing to evidence that suggests a reasonable
2
possibility that the matter exists or does not exist.
3
27 After subsection 90-10(1)
4
Insert:
5
(1A) The Board may, by legislative instrument, specify that another
6
service is a BAS service.
7
28 Application of amendments
8
(1)
The amendments made by items 1 to 3 and 22 of this Schedule apply in
9
relation to an application for registration, including renewal of
10
registration, as a registered tax agent, BAS agent or tax (financial)
11
adviser that is made on or after the day this item commences.
12
(2)
The amendments made by items 8 to 10 of this Schedule apply in
13
relation to a notice in writing surrendering registration that is received
14
by the Board on or after the day this item commences.
15
(3)
The amendment made by item 12 of this Schedule applies in relation to
16
civil penalty proceedings that are brought on or after the day this item
17
commences, even if the advertisement to which the proceedings relate is
18
published or broadcast before that time.
19
(4)
The amendments made by items 13 to 16 of this Schedule apply in
20
relation to a declaration or other statement that is signed on or after the
21
day this item commences, even if the document to which the declaration
22
or other statement relates is prepared before that time.
23
(5)
The amendments made by items 20 and 21 of this Schedule apply in
24
relation to a decision made by the Board on or after the day this item
25
commences, even if the investigation to which the decision relates
26
began before that time.
27
(6)
The amendment made by item 25 of this Schedule applies to:
28
(a) a record made on or after the day this item commences, even
29
if the information to which the record relates was acquired
30
before that time; and
31
(b) a disclosure made on or after the day this item commences,
32
even if the information disclosed is contained in a record
33
made before that time.
34
Other amendments to the Tax Agent Services Act 2009 Schedule 2
Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013 23
29 Saving of existing delegations
1
A delegation in force under section 70-30 of the Tax Agent Services Act
2
2009 immediately before the day this item commences continues to
3
have effect, on and after the day this item commences, as if it were a
4
delegation under that section as amended by this Schedule.
5
Schedule 3 Deductible gift recipients
24 Tax Laws Amendment (2013 Measures No. 3) Bill 2013 No. , 2013
Schedule 3
--
Deductible gift recipients
1
2
Income Tax Assessment Act 1997
3
1 Subsection 30-45(2) (after table item 4.2.14)
4
Insert:
5
4.2.15
the Australian Council of Social Service
Incorporated
the gift must be made
after 30 June 2013
2 Subsection 30-80(2) (after table item 9.2.13)
6
Insert:
7
9.2.14
Make a Mark Australia Incorporated
the gift must be made
after 30 June 2013
3 Section 30-315 (after table item 20A)
8
Insert:
9
21
Australian Council of Social Service
Incorporated
item 4.2.15
4 Section 30-315 (after table item 68AB)
10
Insert:
11
68B
Make a Mark Australia Incorporated
item 9.2.14
12
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