BAS Agent Legislation

This page is designed to give you a quick summation of what is required to become a BAS Agent and the obligations once you become one.

At the bottom of the page are a collection of Quick Links. These links will take you to specific pages on the Tax Practitioners Board (TPB) web site to provide more detailed information on the various subjects we discuss in this summation.

Overview

The BAS Agent laws are contained within the Tax Agent Services Act 2009 (“TASA”) and two related pieces of legislation, often referred to as the Regulations” and the “Transitional Rules”.

The legislation took effect from 1 March 2010 and saw the introduction of the Tax Practitioners Board, a national body responsible for the registration and regulation of tax agents, BAS agents and tax (financial) advisers (collectively referred to as 'tax practitioners'). 

If you are a bookkeeper, then unless you have been registered by the Board as either a BAS Agent or Tax Agent, you cannot  render BAS Services to your clients. BAS services capture the majority of services provided by most bookkeepers.

The legislation imposes a range of civil penalties for illegally providing, representing that you provide, or advertising that you provide, BAS services. The Federal Court has the power to impose these penalties which can be up to $45,000 for individuals and $225,000 for corporations for each breach.

BAS Agent Registration Requirements

In order to become registered as a BAS Agent, Section 20-5 of the TASA requires a bookkeeper to satisfy the Board through a formal application process that they meet certain criteria.

Firstly, the applicant must be a “fit and proper person”.

Secondly, the applicant must satisfy an educational criterion, which at a minimum requires the attainment of a Certificate IV in Bookkeeping or a Certificate IV in Accounting.

Thirdly, the applicant must demonstrate some 1400 hours of “relevant experience” in the past four years. 

The 1400 hours relevant experience is reduced to 1000 hours for voting members of a Recognised BAS Agent or Tax Agent Association. Included among these is the Australian Bookkeepers Association (ABA). Membership of ABA is complementary for all members of Australian Bookkeepers Network, or may be obtained for $77 per year for non-members of Australian Bookkeepers Network

Importantly, being a member of a BAS Agent Association will not itself deem you to be a BAS Agent, unless all other registration requirements are met (including 1000 hours of relevant experience).

Requirements Once Registered

Once you become a Registered BAS Agent, you are subject to a Code of Professional Conduct which imposes a range of obligations, one of which is the compulsion to hold Professional Indemnity (P.I.) insurance to a specified level. For further information, visit our P.I. Insurance page.

Another ongoing requirement of registration is continuing professional education (CPE). For BAS Agents, a minimum of 45 hours of CPE must be undertaken within a standard three year registration period, with a minimum of five hours each year.

BAS Agents are also subject to a range of administrative sanctions and civil penalties. Clients of BAS Agents benefit from Safe Harbour provisions which provide relief from penalties in the case of errors or late lodgement by the BAS Agent.

BAS Agent Registration is granted for a period of three years, after which a renewal process takes place.

Public Register and Registered Agent Symbol

The TPB maintain a public register of Registered BAS Agents.

Supporting this system is the concept of a Registered agent symbol. This provides Tax Agents and BAS agents with public recognition that they are registered with the TPB. Agents who meet the eligibility criteria can use the symbol in advertising their tax agent or BAS services, thereby promoting confidence among consumers.