Commonwealth Consolidated Acts

TAX AGENT SERVICES ACT 2009 - SECT 50.17

    You contravene this section if:

  (a)   either:

  (i)   you provide a service that you know, or ought reasonably to know, is a * tax (financial) advice service; or

  (ii)   a service that you know, or ought reasonably to know, is a tax (financial) advice service is provided on your behalf by another person; and

  (b)   the tax (financial) advice service is not a * BAS service; and

  (c)   either:

  (i)   you charge or receive a fee or other reward for providing the tax (financial) advice service; or

  (ii)   the other person charges or receives a fee or other reward for providing the tax (financial) advice service on your behalf; and

  (d)   you are not a * registered tax agent or a * qualified tax relevant provider; and

  (e)   in the case of the tax (financial) advice service provided on your behalf by another person--that other person is not a registered tax agent or a qualified tax relevant provider; and

  (f)   in the case of you providing the tax (financial) advice service as a legal service--you are prohibited, under a * State law or * Territory law that regulates legal practice and the provision of legal services, from providing that tax (financial) advice service.

Civil penalty:

  (a)   for an individual--250 penalty units; and

  (b)   for a body corporate--1,250 penalty units.

Note:   Subdivision   50 - C of this Act and Subdivision   298 - B of Schedule   1 to the Taxation Administration Act 1953 determine the procedure for obtaining a civil penalty order against you.