Document ID: chunk:federal_register_of_legislation:F2025C00168:reg:15
Version: federal_register_of_legislation:F2025C00168
Segment Type: reg
Provision Reference: reg 15
Character Range: 6141–9019

15  False or misleading statements

Statements made to the Board or the Commissioner
 (1) You must not:
 (a) make a statement to the Board or the Commissioner; or
 (b) prepare a statement that you know, or ought reasonably to know, is likely to be made to the Board or Commissioner by an entity; or
 (c) permit or direct someone else to make or prepare such a statement;
that you know, or ought reasonably to know, is false or misleading in a material particular, or omits any matter or thing without which the statement is misleading in a material respect, in your capacity as a registered tax agent or BAS agent or in any other capacity.
Note: For further obligations relating to false or misleading statements to the Commissioner see section 50‑20 of the Act.

Responding to a false or misleading statement made to the Board or Commissioner
 (2) Where:
 (a) a statement has been given to the Board or Commissioner; and
 (b) one of the following applies:
 (i) you made the statement, or permitted or directed someone else to make the statement, other than for a client; or
 (ii) for an entity that was your client at the time the statement was given to the Board or Commissioner, you made or prepared the statement, or permitted or directed someone else to make or prepare the statement; and
 (c) at a time after the statement was made, you have reasonable grounds to believe that the statement:
 (i) was false or misleading in a material particular at the time it was made; or
 (ii) omitted any matter or thing, at the time it was made, without which the statement at that time is misleading in a material respect; and
 (d) you also have reasonable grounds to believe that the false or misleading nature of the statement resulted from:
 (i) a failure to take reasonable care in connection with the preparation or making of the statement; or
 (ii) recklessness as to the operation of a taxation law; or
 (iii) intentional disregard of a taxation law;
within a reasonable period of time after you come to believe that the statement given satisfies paragraph (c), you must take each of the actions set out in an item of the following table when the situation described in that item of the table applies:

Responding to a false or misleading statement
Item                                           Column 1                                                                                                                                                                                                                                          Column 2

                                               In this situation:                                                                                                                                                                                                                                You must take all reasonable steps to: