BAS AGENT LAWS > What are They? > The Legislation's Journey

On 7 May 2007, the then Minister for Revenue and Assistant Treasurer, Peter Dutton, released an exposure draft of the Tax Agent Services Bill 2007 and two related pieces legislation often referred to as the “Regulations” and the “Transitional Rules”.

Following its release, Treasury sought and received considerable public industry feedback and made a number of modifications. On 13 November the Tax Agent Services Bill and Explanatory Memorandum – but not the “Regulations” and the “Transitional Rules” -were introduced to Parliament.

Parliament then referred the Bill to the Standing Committee on Economics for further discussion. The Standing Committee invited further industry feedback and, on 6 February 2009, held a Senate Enquiry on the subject. On 12 March 2009 the Senate approved the Tax Agent Services Act 2009 without amendments. 

The “Transitional Rules” and “Regulations” which broadly speaking deal with the practicalities of the main Act were subject to an extensive process of public consultation.

The Transitional Provisions were introduced into the Lower House of Parliament on 24 June 2009 following reference to a Senate Standing Committee who modified the Bill following industry submissions. These Provisions were passed by Parliament on 29 October 2009 and then received Royal Assent on 16 November 2009.

The Regulations were released in exposure draft form for public and industry feedback on 2 August 2009. Key elements of the exposure draft Regulations include:

  • The qualifications and relevant work experience requirements for registration as a BAS Agent

  • The application fees for registration as a BAS Agent, and

  • The requirements for recognition as a recognised professional association (RPA) or recognised BAS Agent association.  

The Regulations, which do not require Parliamentary approval, were finalised on 13 November 2009.

The new BAS Agent Laws were to commence no later than nine months following the granting of Royal Assent to the Transitional Bill (which, as stated, was 16 November 2009).

On Thursday 26 November 2009, the Assistant Treasurer, Nick Sherry, announced the commencement date of the BAS Agent Laws as 1 March 2010.