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Legislation - TASA 2009

What is the new legislation?

The Tax Agent Services Act 2009 (TASA 2009) consists of 3 modules -

 

1. Tax Agent Services Act 2009 (TASA 2009). This is the main act that establishes the Tax Practitioners Board (TPB) and provides for the registration of tax agents and BAS agents.

 

2. Tax Agent Services Regulations 2009 (TAS Regulations 2009). The Regulations contains among other things the qualifications and relevant experience requirements for registration.

 

3. Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act). This Act deals with the consequential and transitional matters arising from the enactment of the TASA 2009. It allows agents who are providing a BAS service at a competent standard and for a reasonable period to be granted registration for a period of time ranging from 12 months to 3 years depending on when the Board decides your application. You cannot legally provide a BAS service prior to approval of your registration.


When does the new legislation take effect?

The Tax Agent Services Bill 2008 was introduced into Parliament on 13 November 2008 and Royal Assent was given to the TASA 2009 on 26 March 2009.

The provisions that enable the new Tax Practitioners Board to be established commenced on 26 March 2009, when Royal Assent was given to the TASA 2009. The early commencement of these provisions is to enable the chair and members of the Board to prepare for the commencement of the new regulatory regime.

The remaining provisions of the new legislation that constitute the new regulatory regime for the registration of tax agents and BAS agents will commence on 1 March 2010.


When will the new regulations be available?

The TAS Regulations 2009 were registered on 13 November 2009.


The Regulations will outline the:

  • prescribed qualifications and relevant work experience requirements for registration as a tax agent or business activity statement (BAS) agent
  • application fees for registration as a tax agent or BAS agent
  • prescribed requirements for recognition as a recognised BAS agent association and recognised tax agent association
  • allowances and expenses payable to those required to attend an investigation of the Tax Practitioners Board
  • administrative assistance to be provided to the Board
  • information that the Board must maintain on the register of registered and deregistered tax agents and BAS agents.
 
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