Document ID: chunk:federal_register_of_legislation:C2025C00107:body:0:p8
Version: federal_register_of_legislation:C2025C00107
Segment Type: other
Provision Reference: 
Character Range: 23002–25836

been convicted of a *serious taxation offence or an offence involving fraud or dishonesty during the previous 5 years; and
 (d) the company has:
 (i) in the case of registration as a *registered tax agent—a sufficient number of individuals, being registered tax agents, to provide *tax agent services to a competent standard and to carry out supervisory arrangements; or
 (ii) in the case of registration as a *registered BAS agent—a sufficient number of individuals, being registered tax agents or BAS agents, to provide *BAS services to a competent standard, and to carry out supervisory arrangements; and
 (e) in the case of registration which is not a renewal—the company maintains, or will be able to maintain, professional indemnity insurance that meets the Board's requirements; and
 (f) in the case of a renewal of registration—the company maintains, at the time of applying for registration, professional indemnity insurance that meets the Board's requirements.
Note: A company in the capacity of trustee of a trust can be registered: see section 70‑15.

Special rule about pre‑1988 tax agents
 (4) An individual is eligible for registration as a *registered tax agent even if the Board is not satisfied that the individual satisfies the requirements mentioned in paragraph (1)(b) if:
 (a) the individual was registered as a tax agent or as a nominee for the purposes of Part VIIA of the Income Tax Assessment Act 1936 (as in force immediately before the commencement of item 7 of Schedule 1 to the Tax Agent Services (Transitional Provisions and Consequential Amendments) Act 2009) at both of the following times:
 (i) immediately before the commencement of this Act;
 (ii) immediately before the commencement of section 39 of the Taxation Laws Amendment Act (No. 2) 1988; and
 (b) the individual is otherwise eligible for registration as a registered tax agent.

20‑10  Regulations may prescribe system regarding professional associations
  The regulations may provide for a system to allow the Board to accredit professional associations for the purposes of recognising professional qualifications and experience that are relevant to the registration of individuals as *registered tax agents and BAS agents.

20‑15  Criteria for determining whether an individual is a fit and proper person
  In deciding whether it is satisfied that an individual is a fit and proper person, the Board must have regard to:
 (a) whether the individual is of good fame, integrity and character; and
 (b) without limiting paragraph (a):
 (i) whether an event described in section 20‑45 has occurred during the previous 5 years; and
 (ii) whether the individual had the status of an undischarged bankrupt at any time during the previous 5 years; and
 (iii) whether the individual served a term of imprisonment, in whole or in part, at any time