Wayne Thomas Fraser

Member's name: Mr Wayne Thomas Fraser
Date of Hearing: 17 November 2020
Division: New South Wales
Tribunal: Disciplinary Tribunal

On 17 November 2020, the Disciplinary Tribunal found that Mr Wayne Fraser breached Article 39(a)(ii)F of the 14 May 2019 Constitution, in that he had ‘been the subject of an adverse finding that has not been overturned on appeal in relation to the Member's conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction’ in respect of:

1. the decision of the Tax Practitioners Board (TPB) dated 20 June 2019, which terminated his registration as a tax agent under paragraph 40-5(1)(b) of the Tax Agent Services Act 2009 (TASA) and which was affirmed by the Administrative Appeals Tribunal (AAT) on 8 January 2020; and
2. the decision of the AAT dated 8 January 2020, which imposed a period during which he may not apply for registration from 31 July 2019 to 30 June 2020 under section 40-25(1) TASA.

Mr Fraser attended the Disciplinary Tribunal Hearing and admitted the complaint.

Penalty and costs

The Disciplinary Tribunal found the Complaint sustained and imposed the following penalties:

• Mr Fraser to submit proof to the satisfaction of the General Manager Professional Conduct of his compliance with his statutory taxation obligations within 60 days of the Notice of the Decision. A failure to meet this timeline, to result in forfeiture of membership. In the event Mr Fraser's Membership is forfeited, prior to readmission as a CPA, the member must to the satisfaction of the GMPC:
  • provide evidence of his compliance with his personal and business taxation obligations
  • successfully complete the Public practice Program; and
  upon readmission, must successfully complete a Quality Review in the next Quality Review cycle.

The member was ordered to pay CPA Australia's costs of $2850.67.

In accordance with the Disciplinary Tribunal's decision, Mr Fraser's Membership has been forfeited.