[1] Treasury, Submission 17, pp 2,4.
[2] Explanatory Memorandum par. 1.9ff. Treasury, Submission 17, p 4. Tax Services for the Public - Report of the National Review of Standards for the Tax Profession, Canberra 1994. Hon R Kemp, Assistant Treasurer, New Legislative Framework for Tax Agent Services, press release 14 of 1998, 6 April 1998. Public submissions in response to the exposure drafts are available at the Treasury’s website.
[3] Hon C. Bowen, Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Government releases draft legislation for tax agent services regime, press release 39 of 2008.
[4] Treasury, Submission 17, p 5. Exposure draft Tax Agent Services (Consequential and Transitional Provisions) Bill 2008.
[5] Draft Tax Agent Services Regulations 2008, schedule 2, clauses 104 and 202. The status ‘recognised professional association’ is referred to in the ‘work experience’ test for registered agents: to satisfy the work experience test a person must be a voting member of an RPA (among other things). The status ‘recognised BAS agent association’ appears to have no legal significance as it is not mentioned elsewhere in the bill or 2008 draft regulations. The explanatory memorandum of the bill suggests recognised BAS agent associations as a possible source of professional development (par. 3.46), advice (par. 3.57), Tax Practitioners Board committee members (par.5.39), or nominations to the Board (par. 5.55). It suggests that the recognised status will give then ‘an opportunity to market themselves with a view to increasing their membership numbers’, and ‘gives them an incentive to offer a variety of services to members’: (par 6.37).
[6] Exposure draft Tax Agent Services (Consequential and Transitional Provisions) Bill 2008, schedule 1, clause 4.
[7] Explanatory Memorandum, par. 6.71
[8] Ms Joan Roberts, Taxation Institute of Australia, Proof Committee Hansard 6 February 2009, p 36.
[9] Ms D. Bagnall, Institute of Chartered Accountants in Australia, Proof Committee Hansard 6 February 2009, p 22.
[10] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, pp 43-44.
[11] The reference is to nine months after the assent of the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2008. This is the transitional provisions bill which has not yet been introduced to parliament.
[12] Senate Scrutiny of Bills Committee, Alert Digest, no.13 of 2008, 26 November 2008, p 25.
[13] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 42-43.
[1] Mr Peter Davis, Proof Committee Hansard 6 February 2009, p 27.
[2] Ms Vicki Stylianou, National Institute of Accountants, Proof Committee Hansard 6 February 2009, p 18.
[3] ICA, Submission 30, p 2.
[4] ICA, Submission 30, p 2.
[5] Mr G. Dunn (ICA), Proof Committee Hansard 6 February 2009, p 25.
[6] Mr P. McCullough, Proof Committee Hansard 6 February 2009, p 45. Section 90-5(1)(b). The ‘entity’ in this section could be the taxpayer or an outsourcing tax agent.
[7] Treasury, Submission 17a, p 2.
[8] ‘BAS provision’ is not defined in the bill, but by clause 90-1(2) has the same meaning as in section 995-1(1) of the Income Tax Assessment Act 1997.
[9] ATMA, Submission 19, p 5. A similar point is made by the Association of Accounting Technicians, Submission 24, p 1.
[10] Australian Association of Professional Bookkeepers, Submission 6, p 9. Similarly Ms Sharyn Grant (AAPB), Committee Hansard 6 February 2009, p 3.
[11] Australian Association of Professional Bookkeepers, Submission 6, pp 8-9.
[12] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 48.
[13] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 47.
[14] Draft Tax Agent Services Regulations 2008, schedule 2.
[15] Australian Association of Professional Bookkeepers, Submission 6, pp 6-7. Similar views are expressed in Institute of Certified Bookkeepers, Submission 12, p 21.
[16] Australian Association of Professional Bookkeepers, Submission 6, p 7.
[17] Mrs Terry Warr, Submission 4. Furthermore, as Ms Sharyn Grant commented, ‘Just because you have done 1,400 hours does not mean you are any good’: Proof Committee Hansard 6 February 2009, p3.
[18] Assuming the person does not have a degree or diploma or is a barrister or solicitor, which would presumably be the case if the person is seeking to rely on the work experience test. Draft Tax Agent Services Regulations 2008, schedule 1, item 109.
[19] Ms Anne O’Mahony, Submission 20. On this point the Taxation Institute said: ‘There is a possibility that the proposed work experience eligibility criterion… is rendered inoperative by the definition of a voting member of a Recognised Professional Association.’ Taxation Institute of Australia, Submission 27, p 2.
[20] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 46.
[21] H & R Block, Submission 14, p 4.
[22] The Fourth Wave (Australia) and others, Submission 9, p 6.
[23] The comments about the work experience test at paragraph 2.16 are also relevant: the recognised professional association provisions have the affect that a persons seeking registration under the work experience test must still have formal qualifications, if s/he was not a registered tax agent in 1988.
[24] The Fourth Wave (Australia) and others, Submission 9, pp 6-7.
[25] Australian Institute of Quantity Surveyors, Submission 36, p 2.
[26] The Fourth Wave (Australia), Submission 8, p 6.
[27] Michael Johnson Associates, Submission 32, p 5.
[28] The Fourth Wave (Australia) & others, Submission 9, p 20. This submission is quoted as it was the joint submission of a number of firms. Most other submissions by R&D consultants had a similar tenor.
[29] Draft regulations, schedule 2, clauses 101 and 102.
[30] Treasury, Submission 17, p 7.
[31] Draft regulations, schedule 2, clause 101(a)(ii)(B).
[32] Mr Paul McCullough, Treasury, Proof Committee Hansard, 6 February 2009, p 49.
[33] National Institute of Accountants, Submission 25, pp 1-2. Similar views are put by CPA Australia, Submission 18, p 1.
[34] Institute of Chartered Accountants in Australia, Submission 30, p 2.
[35] Law Council of Australia, Submission 26, p 4.
[36] Taxation Institute of Australia, Submission 27, p 2. Similar points were made by CPA Australia, Submission 18, p 1; Mr Peter Davis and Mr Peter Polgar, Submission 15, p 4; and the Association of Taxation and Management Accountants, Submission 19, p 14.
[37] Taxation Institute of Australia, Submission 27, p 2. See also Mr Peter Davis and Mr Peter Polgar, Submission 15, p 2 and National Institute of Accountants, Submission 25, p 2.
[38] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 41. The wording of clause 40-20 is awkward in this regard, as it requires an agent to be notified when their registration is terminated but a dead person cannot be notified of anything. It is also unclear to what extent a new agent can take over, and rely upon, work half-completed by a deceased agent.
[39] Mr Peter Davis and Mr Peter Polgar, Submission 15a, p 2.
[40] Institute of Chartered Accountants in Australia, Submission 30, p 4; Explanatory Memorandum, example 3.7.
[41] Australian Association of Professional Bookkeepers, Submission 6, p 5.
[42] Mr Peter Davis and Mr Peter Polgar, Submissions 15, p 6 and 15a, p 2; Association of Taxation and Management Accountants, Submission 19, p 15 and Institute of Chartered Accountants in Australia, Submission 30, p 5.
[43] Institute of Certified Bookkeepers, Submission 12, p 15.
[44] National Institute of Accountants, Submission 25, p 2; Mr Peter Davis, Proof Committee Hansard 6 February 2009, p 27.
[45] Association of Taxation and Management Accountants, Submission 19, p 16.
[46] Association of Taxation and Management Accountants, Submission 19, p 17.
[47] Confidential Submission 2, p 9; Explanatory Memorandum, paragraphs 5.87 and 5.88.
[48] Association of Taxation and Management Consultants, Submission 19, p 14. Similar views are put by Mr Peter Davis and Mr Peter Polgar, Submission 15, p 3.
[49] See Chapter 1, footnote 5.
[50] Institute of Certified Bookkeepers, Submission 12, p 20; Association of Accounting Technicians, Submission 24, p 2.
[51] Association of Taxation and Management Consultants, Submission 19, p.4. Association of Accounting Technicians, Submission 24, p 2.
[52] Association of Taxation and Management Consultants, Submission 19, p 9.
[53] Acts Interpretation Act 1901, section 15AB.
[54] Mr Paul Drum, CPA Australia, Proof Committee Hansard 6 February 2009, p 16.
[55] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 50.
[56] Institute of Certified Bookkeepers, Submission 12, pp 7, 8 and 18.
[57] Mr Paul Drum, CPA Australia, Committee Hansard 6 February 2009, p 15.
[58] Mr Peter Davis and Mr Peter Polgar, Submissions 15, p 3 and 15a, p 2. Mr Davis argued that the explanatory memorandum gave the impression it was mandatory: Proof Committee Hansard 6 February 2009, p.27. The explanatory memorandum says, 'a tax agent or BAS agent is required to maintain appropriate professional indemnity insurance.' (par. 3.65)
[59] Mr Paul McCullough, Treasury, Proof Committee Hansard 6 February 2009, p 51.
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