Document ID: chunk:federal_register_of_legislation:C2013A00120:clause:1_3
Version: federal_register_of_legislation:C2013A00120
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 18034–19621

3                                                               July, August, September, October, November or December 2015  31 July 2017

Note: A registered tax (financial) adviser is registered under section 20‑25 of the new law.
(2) If an entity notifies the Board under subitem (1), the entity's notification must:
 (a) be in a form approved by the Board; and
 (b) include any information, statement or document required by the Board; and
 (c) be given to the Board in a way required by the Board.
(3) To avoid doubt, if an entity is taken to be a registered tax (financial) adviser under subitem (1), the Board may impose conditions to which the entity's registration is subject.

Services may be provided while unregistered if accompanied by disclosure
(4) Despite subsection 50‑5(2A) of the new law, a tax (financial) advice service may be provided during the notification period if it is:
 (a) provided by a financial services licensee or a representative of the licensee; and
 (b) accompanied by a statement that:
 (i) the provider of the advice is not a registered tax (financial) adviser under the new law; and
 (ii) 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.
(5) A person who wishes to rely on subitem (4) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subitem.