Amendment timeline
Taxation Administration Act 1953
About this Act
The Commonwealth Act governing tax administration — assessment, collection, recovery, penalty regime, secrecy and information-gathering. Schedule 1 contains most of the substantive administrative law (running to thousands of pages). The Tax Agent Services Act 2009 sits alongside the TAA 1953 regulating registered tax agents, BAS agents and tax (financial) advisers through the Tax Practitioners Board.
- 4 March 1953
- See section 2 of the Act as made
Amendment timeline
Chronological list, oldest to newest. Each entry cites the legislation.gov.au compilation or as-made source and, where available, regulator guidance.
Treasury Laws Amendment (Tax Accountability and Fairness) Act 2024
31 May 2024
Sections 1 to 3: 31 May 2024; Schedules 1 to 3: 1 July 2024 (the later of 1 July 2024 and the first quarter start after Royal Assent)
The Government's PwC response package. Schedule 1 made promoter penalty law reforms (including to s 290-50 in Schedule 1 to the Taxation Administration Act 1953 and to the Tax Agent Services Act 2009), Schedule 2 extended tax whistleblower protections (a disclosure to the Tax Practitioners Board or the Commissioner can qualify for protection under Part IVD of the TAA), and Schedule 3 made Tax Practitioners Board reforms.
Tax agents and BAS agents; tax promoters; whistleblowers who disclose to the Tax Practitioners Board or the Commissioner.
Tax Agent Services (Code of Professional Conduct) Determination 2024
Registered 2 Jul 2024
1 Aug 2024; the obligations apply from 1 Jan 2025 (agents with more than 100 employees as at 31 Jul 2024) or 1 Jul 2025 (agents with 100 employees or fewer)
Added eight additional Code obligations for registered tax agents and BAS agents (sections 10 to 45 of the Determination): upholding and promoting the ethical standards of the tax profession; false or misleading statements; conflicts of interest in activities undertaken for government; maintaining confidentiality in dealings with government; keeping proper client records; ensuring tax agent services provided on your behalf are provided competently; quality management systems; and keeping your clients informed.
Registered tax agents and BAS agents.
What's coming next
The Code Determination has been amended since it was made (the Federal Register of Legislation lists amending determinations in 2024 and 2026). Check the current compilation of the Taxation Administration Act 1953 and the current compilation of the Code of Professional Conduct Determination before relying on a provision.
Why this matters now
The Code Determination 2024 added eight obligations for registered tax agents and BAS agents, including false or misleading statements, conflicts of interest, client records, quality management systems and keeping clients informed. They applied from 1 January 2025 for agents with more than 100 employees as at 31 July 2024, and from 1 July 2025 for other agents. The 2024 Act also extended tax whistleblower protections to disclosures made to the Tax Practitioners Board.
Frequently asked
Do the 8 new Code obligations apply to me?
If you are a registered tax agent or BAS agent, yes. The obligations applied from 1 January 2025 for agents with more than 100 employees as at 31 July 2024, and from 1 July 2025 for agents with 100 employees or fewer (the employee count is taken at the practice or firm level). Contravening the Code can lead to Tax Practitioners Board sanctions under the Tax Agent Services Act 2009.
What changed for promoter penalties?
Schedule 1 of the Treasury Laws Amendment (Tax Accountability and Fairness) Act 2024 made promoter penalty law reforms, including amendments to s 290-50 in Schedule 1 to the Taxation Administration Act 1953 (for example, extending it to schemes promoted on the basis of conformity with a public, private or oral ruling where the scheme is materially different from the ruling). Read the Act as made for the full changes.
Are tax whistleblowers protected?
Yes. Part IVD of the Taxation Administration Act 1953 protects eligible whistleblowers who make qualifying disclosures. Schedule 2 of the 2024 Act extended qualifying disclosures to those made to the Tax Practitioners Board or the Commissioner where the discloser considers the information may assist the Board to perform its functions.
What is the quality management system obligation?
Section 40 of the Determination requires you to establish and maintain a system of quality management for the provision of tax agent services, designed to give you reasonable confidence that you are complying with the Code of Professional Conduct, and to document and enforce its policies and procedures.
What is the 'false or misleading statement' obligation under the Code?
Section 15 of the Determination provides that you must not make a statement to the Tax Practitioners Board or the Commissioner, prepare such a statement, or permit or direct someone else to make or prepare one, that you know or ought reasonably to know is false or misleading in a material particular or omits any matter without which the statement is misleading in a material respect.