Commonwealth Numbered Regulations

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TAX AGENT SERVICES REGULATIONS 2022 (F2022L00238) - REG 11

Termination of recognition

Termination of recognition by the Board

             (1)  The Board may terminate the recognition of an association that is recognised under subsection 8(2) or 8(3) if:

                     (a)  both of the following apply:

                              (i)  the association is required to give notice in accordance with section 9 or 10;

                             (ii)  the association has not given such notice; or

                     (b)  both of the following apply:

                              (i)  the Board reasonably believes that one or more requirements in clauses 101 to 109 of Part 1 of Schedule 1 are no longer met in relation to the association;

                             (ii)  the Board is not satisfied that it is appropriate for the association to continue to be recognised having regard to the purposes of this instrument and the Act and the role of recognised BAS agent associations.

             (2)  Before the Board decides to terminate the recognition of an association under subsection (1), the Board must notify the association, in writing, that termination is being considered.

             (3)  The notice must:

                     (a)  set out the Board's reasons for considering termination; and

                     (b)  invite the association to make a submission in writing to the Board about the matter; and

                     (c)  specify a reasonable period within which the association may provide the submission.

             (4)  In considering whether to terminate the association's recognition under subsection (1), the Board must:

                     (a)  have regard to any submission made by the association under paragraph 9(2)(b) or paragraph (3)(b) of this section; and

                     (b)  make a decision as soon as practicable after the end of the period mentioned in paragraph (3)(c) of this section.

Note:          A decision to terminate an association's recognition is a reviewable decision (see section 18).

             (5)  If the Board terminates the recognition of an association under subsection (1), the Board must give the association written notice of the decision.

Termination at the request of the association

             (6)  A recognised BAS agent association may surrender its recognition by notice in writing to the Board.

             (7)  If the Board receives a notice from an association under subsection (6), the Board must terminate the recognition of the association:

                     (a)  on, or as soon as practicable after, the day the Board receives the notice; or

                     (b)  if a later day is specified in the notice--on that later day.



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