Document ID: chunk:federal_register_of_legislation:C2009A00114:clause:2_5
Version: federal_register_of_legislation:C2009A00114
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 15825–18274

5  Special rules relating to the provision of BAS services by certain persons and entities
(1) If:
 (a) immediately before commencement, a person:
 (i) was a person referred to in paragraph 251L(6)(a), (b) or (c) of the old law; and
 (ii) was providing a BAS service within the meaning of subsection 251L(7) of the old law; and
 (b) during the 6 month period beginning immediately after commencement, the person notifies the Board that he or she satisfies paragraph (a) of this subitem;
the person is taken to be a registered BAS agent within the meaning of the new law for the 2 year period beginning immediately after commencement.
Note 1: A registered BAS agent is registered under section 20‑25 of the new law.
Note 2: Paragraph (b)—for the form of the notification, see item 25 of this Schedule.
(2) If:
 (a) an entity is not a person mentioned in subitem (1); and
 (b) immediately before commencement, the entity was providing a BAS service within the meaning of the new law (other than a BAS service within the meaning of subsection 251L(7) of the old law); and
 (c) during the 6 month period beginning immediately after commencement, the entity notifies the Board that the entity satisfies paragraphs (a) and (b);
the entity is taken to be a registered BAS agent within the meaning of the new law for the 2 year period beginning immediately after commencement.
Note 1: A registered BAS agent is registered under section 20‑25 of the new law.
Note 2: Paragraph (c)—for the form of the notification, see item 25 of this Schedule.
(3) To avoid doubt, if a person is taken to be a registered BAS agent under subitem (1), the Board may, in accordance with the new law, do either or both of the following:
 (a) impose conditions to which the person's registration is subject;
 (b) require the person to maintain professional indemnity insurance;
as if the person had applied for registration and the Board had decided to grant the application.
(4) To avoid doubt, if an entity is taken to be a registered BAS agent under subitem (2), the Board may, in accordance with the new law, do either or both of the following:
 (a) impose conditions to which the entity's registration is subject;
 (b) require the entity to maintain professional indemnity insurance;
as if the entity had applied for registration and the Board had decided to grant the application.

Part 3—Applications for registration or re‑registration

Division 1—Pending applications