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Tax Agent Services (Code of Professional Conduct) Determination 2024
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Administered by
Department of the Treasury
This item is authorised by the following title:
Tax Agent Services Act 2009
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F2024C00793 (C01)
10 September 2024
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Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
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Part 2—The Code of Professional Conduct
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Division 1—Additional obligations of general application
Subdivision A—Preliminary
5 Additional obligations relating to the professional and ethical conduct of registered tax agents and BAS agents
Subdivision B—Honesty and integrity
10 Upholding and promoting the ethical standards of the tax profession
15 False or misleading statements
Subdivision C—Independence
20 Conflicts of interest in dealings with government
Subdivision D—Confidentiality
25 Maintaining confidentiality in dealings with government
Subdivision E—Competence
30 Keeping of proper client records
35 Ensuring tax agent services provided on your behalf are provided competently
Subdivision F—Other responsibilities
40 Quality management systems
45 Keeping your clients informed of all relevant matters
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Part 3—Application and transitional provisions
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Division 1—Application
100 Application—instrument as originally made
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Application (1) Except as otherwise provided in this instrument, the obligations included in this instrument on the day it commences (the commencement day), apply on or after: (a) in relation to a registered tax agent or BAS agent, that has 100 employees or less as at 31 July 2024—1 July 2025; (b) otherwise—1 January 2025. Employee count to be undertaken at the practice or firm level (2) For the purposes of paragraph (1)(a), where a tax agent or BAS agent is an employee or member of a partnership or company that is also a registered tax or BAS agent, the employees of the partnership or company (or any other entity connected with, or an affiliate of, the partnership or company) are to be counted in determining how many employees a registered tax agent or BAS agent has. (3) If a registered tax agent or BAS agent stops being an employee or member of a partnership or company that is also a registered tax or BAS agent (old firm), and starts being an employee or member of another partnership or company that is also a registered tax or BAS agent (new firm) during the period starting on the commencement day and ending on 30 June 2025, then whether paragraph (1)(a) or (1)(b) applies to a tax agent or BAS at a particular time is to be determined based on whether they were an employee or member of the old firm or new firm at that time. Record-keeping and false or misleading statements (4) To avoid doubt, section 15 (about false or misleading statements) applies to statements made, and section 30 (about the keeping of proper client records) applies to tax agent services provided, on or after the day the sections begin to apply to the registered tax agent or BAS agent under subsection (1). Division 2—Transitional
151 Transitional¾ instrument as originally made
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history