in the case of an entity’s registration as a *registered tax agent, BAS agent or tax (financial) adviser—the Commissioner of the Board’s decision; and

in the case of an entity’s registration as a *registered tax (financial) adviser—the Australian Securities and Investments Commission of the Board’s decision.

in the case of an entity’s registration as a *registered tax agent, BAS agent or tax (financial) adviser—the Commissioner of the Board’s decision and the reasons for the decision; and

in the case of an entity’s registration as a *registered tax (financial) adviser—the Australian Securities and Investments Commission of the Board’s decision and the reasons for the decision.

you provide a service that you know, or ought reasonably to know, is a *tax (financial) advice service; and

the tax (financial) advice service is not a *BAS service; and

you charge or receive a fee or other reward for providing the tax (financial) advice service; and

you are not a *registered tax agent or a *registered tax (financial) adviser; and

in the case of you providing the tax (financial) advice service as a legal service—you are prohibited, under a *State law or *Territory law that regulates legal practice and the provision of legal services, from providing that tax (financial) advice service.

for an individual—250 penalty units; and

for a body corporate—1,250 penalty units.

you advertise that you will provide a *tax (financial) advice service; and

the tax (financial) advice service is not a *BAS service; and

you are not a *registered tax agent or a *registered tax (financial) adviser; and

where the tax (financial) advice service would be provided as a legal service—you are prohibited, under a *State law or *Territory law that regulates legal practice and the provision of legal services, from providing that tax (financial) advice service.

for an individual—50 penalty units; and

for a body corporate—250 penalty units.

you are a *registered tax (financial) adviser; and

you employ or use the services of an entity to provide *tax (financial) advice services on your behalf; and

you know, or ought reasonably to know, that:

the entity is not a registered tax (financial) adviser but was previously a registered tax (financial) adviser; or

the entity is not a registered tax (financial) adviser but was previously a *registered tax agent; or

the entity is not a registered tax agent but was previously a registered tax agent; or

the entity is not a registered tax agent but was previously a registered tax (financial) adviser; and

you know, or ought reasonably to know, that the entity’s registration was terminated within the period of 1 year before you first employed, or first used the services of, the entity.

for an individual—250 penalty units; and

for a body corporate—1,250 penalty units.

if the decision or finding concerns a *registered tax (financial) adviser or a *registered tax agent in relation to providing a *tax (financial) advice service—the Australian Securities and Investments Commission; and

entities that are registered under this Act as registered tax agents;

entities that are registered under this Act as registered BAS agents;

entities that are registered under this Act as registered tax (financial) advisers.

the service relates to:

ascertaining liabilities, obligations or entitlements of an entity that arise, or could arise, under a *taxation law; or

advising an entity about liabilities, obligations or entitlements of the entity or another entity that arise, or could arise, under a taxation law; and

the service is provided in circumstances where the entity can reasonably be expected to rely on the service for either or both of the following purposes:

to satisfy liabilities or obligations that arise, or could arise, under a taxation law;

to claim entitlements that arise, or could arise, under a taxation law.

it consists of preparing a return or a statement in the nature of a return; or

it is specified in the regulations for the purposes of this paragraph.

beginning on 1 July 2014; and

ending on 31 December 2015.

beginning on 1 January 2016; and

ending on 30 June 2017.

during the notification period, an entity notifies the Board that the entity provides tax (financial) advice services; and

on the day that the Board is notified, the entity is a financial services licensee or an authorised representative of a financial services licensee;

be in a form approved by the Board; and

include any information, statement or document required by the Board; and

be given to the Board in a way required by the Board.

provided by a financial services licensee or a representative of the licensee; and

accompanied by a statement that:

the provider of the advice is not a registered tax (financial) adviser under the new law; and

if the receiver of the advice intends to rely on the advice to satisfy liabilities or obligations or claim entitlements that arise, or could arise, under a taxation law, the receiver should request advice from a registered tax agent or a registered tax (financial) adviser.

an entity is a financial services licensee or a representative of a financial services licensee (other than an entity taken to be a registered tax (financial) adviser under item 49 of this Schedule); and

the entity applies for registration as a registered tax (financial) adviser under section 20-20 of the new law during the transitional period; and

the entity would be eligible for registration but for the operation of:

paragraph 20-5(1)(b) of the new law (which requires the Board to be satisfied of requirements prescribed by regulations, including requirements in relation to qualifications and experience in respect of registration as a registered tax (financial) adviser); or

subparagraph 20-5(2)(c)(iii) or (3)(d)(iii) of the new law; and

the Board is satisfied that the entity has sufficient experience to be able to provide tax (financial) advice services to a competent standard;

required or permitted by this Part to be prescribed; and

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

in the case of a renewal of registration—the individual has completed continuing professional education that meets the Board’s requirements.

you surrender your registration by notice in writing to the Board; and

the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration.

you surrender your registration by notice in writing to the Board; and

the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration.

you surrender your registration by notice in writing to the Board; and

the Board considers that, due to a current investigation or the outcome of an investigation, it would be inappropriate to terminate your registration.

in the course of providing a *tax agent service, you sign a declaration or other statement in relation to a taxpayer that is required or permitted by a *taxation law; and

in the course of providing a *BAS service, you sign a declaration or other statement in relation to a taxpayer that is required or permitted by a *taxation law; and

in the course of providing a *tax agent service, you sign a declaration or other statement in relation to a taxpayer that is required or permitted by a *taxation law; and

in the course of providing a *BAS service, you sign a declaration or other statement in relation to a taxpayer that is required or permitted by a *taxation law; and

during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Chair:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

a person who holds any office or appointment (other than as a Board member) under a law of the Commonwealth on a full-time basis; or

(b) a person appointed or engaged under the Public Service Act 1999.

during a vacancy in the office of a Board member (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when a Board member:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

any professional association accredited by the Board under the regulations of which the entity is a member;

if subparagraph (c)(iia) applies—the relevant professional association; and

a decision under Subdivision 40-A not to terminate registration;

a *Board member; or

a *committee; or

an APS employee whose services are made available to the Board under section 60-80; or

to a person engaged by the Board.

its function of issuing guidelines; or

its power to establish a committee under section 60-85.

a record made on or after the day this item commences, even if the information to which the record relates was acquired before that time; and

a disclosure made on or after the day this item commences, even if the information disclosed is contained in a record made before that time.