'Serious taxation offence' means:

1. an offence against any one of the following sections of the Criminal Code Act 1995 (Criminal Code), if the offence relates to a tax liability (within the meaning of the Taxation Administration Act 1953).

   • section 134.1 – obtaining property by deception

   • section 134.2 – obtaining a financial advantage by deception

   • section 135.1 – general dishonesty with respect to obtaining a gain, causing a loss or influencing a Commonwealth public official

   • section 135.2 – obtaining a financial advantage

   • section 135.4 – conspiracy to defraud with respect to obtaining a gain, causing a loss or influencing a Commonwealth public official.

2. a 'taxation offence' that is punishable on conviction by a fine exceeding 40 penalty units, or imprisonment, or both.

One penalty unit = $275.

'Taxation offence' means:

• an offence against a taxation law

• an offence against:

  • section 6 of the Crimes Act 1914 – being an accessory after the fact relating to an offence against a taxation law

  • section 11.1 of the Criminal Code – attempting to commit an offence relating to an offence against a taxation law

  • section 11.4 of the Criminal Code – incitement to the commission of an offence relating to an offence against a taxation law section 11.5 of the Criminal Code – conspiring with another person to commit an offence relating to an offence against a taxation law.

'Fraud' and 'dishonesty' take their ordinary meaning, and are determined by reference to community standards.

The Criminal Code defines 'dishonest' as dishonest according to the standards of ordinary people in circumstances where the defendant is aware of these standards.

Example

Patricia was convicted of theft and was fined $1,500. To convict an individual for theft, a court must find that the individual has dishonestly appropriated property belonging to another with the intention of permanently depriving the other person of the property. Consequently, theft is an offence of dishonesty and we must consider this in determining whether Patricia satisfies the fit and proper person test for registration.

Undischarged bankrupt

You are an undischarged bankrupt if you have been declared bankrupt under the Bankruptcy Act 1966 and have not been discharged from the bankruptcy.

Example

Seven years ago, William was declared bankrupt and was not discharged until 3 years ago. Although William was declared bankrupt more than 5 years ago, having the status of an undischarged bankrupt at any time during the past 5 years is a factor we must consider in deciding whether William is a fit and proper person for registration purposes.

Effect of undischarged bankruptcy on registration

We consider a range of factors when deciding whether we should terminate your registration due to your undischarged bankruptcy. For further information refer to Effect of undischarged bankruptcy on registration. 

External administration

A company will go into external administration for the purposes of the Tax Agent Services Act 2009 if it goes into external administration as defined in the Corporations Act 2001.

You are considered to have been 'sentenced to a term of imprisonment' if a sentence is imposed on you in relation to an offence and that sentence includes a term of imprisonment. This does not require you to have actually served all or part of that term of imprisonment, only that you were sentenced to a term of imprisonment.

Example

Three years ago, Melissa was convicted of dangerous driving causing serious injury under section 319 of the Crimes Act 1958 (Vic) and received a 2-year suspended prison sentence. Being sentenced to a term of imprisonment in the previous 5 years is an event we must consider in deciding whether Melissa is a fit and proper person for registration purposes.