These terms and conditions apply to your engagement with Acurion Advisory Pty Ltd (trading as Acurion Advisory) for any services provided to you or your associated entities.
1. Who May Instruct Us
You confirm that you, and any person you nominate (subject to our written acknowledgment), are authorized to instruct us and to receive our advice and documents on behalf of any person we represent. If we are acting for a business and receive conflicting instructions from different individuals, we may refer the matter to the board of directors or partners and act only on their directions.
Where more than one party is named in the engagement (e.g. business partners or spouses), each party will be jointly and severally liable for our fees. Unless otherwise agreed in writing, we may accept instructions from either party.
2. Client Identification and Verification
As a registered tax agent and accounting practice, Acurion Advisory is a reporting entity under the Anti Money Laundering and Counter Terrorism Financing Act 2006 (Cth) (AML/CTF Act) from 1 July 2026. We are required to:
- verify your identity and the identity of any beneficial owner, representative or other relevant person connected to you, prior to and during the engagement;
- conduct sanctions and politically exposed person screening on you and on the persons described in (a);
- perform ongoing customer due diligence throughout the engagement, including periodic reviews and re-screening; and
- hold and retain records relating to the engagement for at least 7 years following the conclusion of our relationship with you.
To satisfy these obligations, we will request documents (such as government-issued identification, ASIC company extracts, trust deeds, and supporting evidence of source of funds or wealth) and conduct searches of publicly available or regulated databases (including the DFAT Consolidated Sanctions List, the UN Security Council Sanctions List, and electronic identity verification providers used by us from time to time).
You agree to provide any information or documentation we reasonably request, both at engagement and at any subsequent point during our relationship. You agree to update us promptly if any of the information you have provided changes.
If you do not provide the requested information, or if we form a reasonable view that we are unable to satisfy our AML/CTF obligations in respect of your engagement, we may delay, limit, decline or terminate the engagement. We may also be required to make reports to the Australian Transaction Reports and Analysis Centre (AUSTRAC) or other authorities. Where we are required by law to make a report, we may be unable to disclose the report or its subject matter to you.
2A. Engagements Outside Our Risk Appetite
We maintain an AML/CTF Program that records the kinds of engagements we will and will not undertake. In particular, and without limitation, we will not:
- accept fees in cash or via virtual assets (cryptocurrency); we accept payment by EFT or bank transfer only;
- establish or implement structures where beneficial ownership cannot be clearly identified and documented;
- act for engagements with no apparent commercial substance or where the structure is disproportionately complex relative to the apparent purpose; or
- act for clients connected to a country subject to international sanctions or appearing on the FATF call-for-action list, or for clients identified as foreign politically exposed persons.
If at any time during the engagement we determine that the engagement falls outside our risk appetite, we may terminate the engagement under clause 14, without specifying the reason in detail where to do so would conflict with our obligations under the AML/CTF Act.
2B. Information Sharing for AML/CTF Purposes
You consent to Acurion Advisory:
- collecting personal information from you and from third parties (including ASIC, the Australian Taxation Office, electronic verification services, and publicly available sources) to satisfy our AML/CTF obligations;
- disclosing personal information to AUSTRAC, the Australian Federal Police, the Australian Sanctions Office (within the Department of Foreign Affairs and Trade), and other regulatory authorities where required by law; and
- sharing information with our professional bodies (Chartered Accountants Australia and New Zealand, the Tax Practitioners Board) and our independent AML/CTF evaluator, where reasonably necessary for the purposes of our compliance.
This clause supplements our Privacy Policy and prevails over the Privacy Policy to the extent of any inconsistency in respect of AML/CTF-related disclosures.
2C. Reporting Obligations and Confidentiality
Where we are required under the AML/CTF Act or other applicable laws to make a report to AUSTRAC or another regulatory authority, we may be prohibited from disclosing the existence or contents of that report to you or any other person. In particular, we are prohibited under section 123 of the AML/CTF Act from disclosing whether we have lodged, or are considering lodging, a Suspicious Matter Report.
Where this clause applies, we may be unable to give you full reasons for any delay, limitation, decline or termination of an engagement. You acknowledge that any actions we take under such circumstances are taken in compliance with our legal obligations, and that no breach of these terms or of our duty to you will arise from those actions.
3. Your Responsibilities & Maintenance of Accounting Records
You are responsible for ensuring that all information and documentation provided to us is complete, accurate and supplied in a timely manner. We will rely on this information and are not engaged to audit or independently verify it. You must retain all records that explain your entity’s transactions and activities relevant to tax and regulatory obligations. Generally, these records should be kept for five (5) years from the date of lodgement of the relevant income tax return (or longer if required by law).
You must maintain proper accounting systems and internal controls, respond promptly to our requests for information, and notify us of any material changes that may affect the advice or services we provide. You must also review all reports and documents prepared by us and provide any necessary corrections before they are lodged.
Under the self-assessment system, the Australian Taxation Office (ATO) generally has up to four (4) years from the date of assessment to review your income tax return (or unlimited time in cases of fraud or evasion). Therefore, you should carefully review the return before signing to ensure that all information is accurate and complete.
Any estimate of time or fees assumes your full cooperation (including from your employees). If you or your staff do not cooperate, or if information is incomplete or late, our work may be delayed and additional costs may result. We cannot guarantee completion or lodgement of any return on time under such circumstances, and we will not be responsible for any penalties incurred due to such delays.
The Taxation Administration Act 1953 provides a “safe harbour” from some administrative penalties if you give us all relevant taxation information in a timely manner. It is therefore in your interest to provide us with all information necessary to do the work.
4. Our Responsibilities on Our Services and Professional Obligations
We will perform our services in accordance with applicable laws, regulations, and professional standards (including those issued by the Accounting Professional & Ethical Standards Board (APESB) and the requirements of our Chartered Accountants ANZ (CA ANZ) membership). This includes compliance with the APESB Code of Ethics (APES 110) and our obligations as a registered tax agent under the Tax Agent Services Act 2009 and the associated Code of Professional Conduct.
Our services are limited to those you have engaged us to perform. Unless specifically stated otherwise in our engagement letter, our work does not constitute an audit or review and therefore cannot be relied upon to detect irregularities (including fraud or other unlawful acts).
You must not rely on any advice we provided on a previous occasion without first confirming that it remains valid under current laws and circumstances.
For ongoing engagements, we may revise these terms if necessary. If you disagree with any amendments, you must notify us promptly. You may terminate the engagement in accordance with the termination clause.
We carry professional indemnity insurance as required by the Tax Practitioners Board (TPB). Our firm undergoes regular internal reviews and may be subject to periodic external reviews by CA ANZ or the TPB to ensure compliance with professional obligations.
We will not undertake any engagement that would create a conflict of interest unless fully disclosed and approved by you. We reserve the right to decline or withdraw from engagements where continuing would breach our ethical or legal obligations.
5. Reliance on Advice
We will endeavour to record all advice on important matters in writing. Advice given verbally is not intended to be relied upon unless confirmed in writing. If we provide verbal advice (for example during a meeting or telephone conversation) that you wish to rely on, you must ask us to confirm the advice in writing.
6. Conflicts of Interest
We will inform you if we become aware of any conflict of interest in our engagement with you (including between multiple persons covered by this engagement) or between you and another client. If a conflict arises that cannot be managed to protect your interests, we cannot continue to provide services to the affected party or parties, and we will inform you promptly. Subject to these obligations of confidentiality and conflict management, we may act for other clients whose interests differ from or conflict with yours.
7. Fees and Payment
Our fees will be charged as set out in the engagement letter and are based on the skill, time, responsibility, importance and professional risk involved in delivering the services. If we provide an estimate or quote for specific services, this is indicative only and may change depending on the final scope and complexity of the work. We will notify you if actual fees are likely to differ significantly from any estimate and will seek your agreement before proceeding.
If a fixed fee arrangement has been agreed in writing, it applies only to the services specified. If unforeseen circumstances materially change the scope of work, we may revise the fixed fee and seek your approval. Any work beyond the agreed scope will be charged at our standard hourly rates.
We may issue invoices progressively as work is completed. Unless otherwise agreed in writing, all invoices are payable within fourteen (14) days of the invoice date. Our fees are exclusive of GST which will be added where applicable and do not include third-party costs. Any reasonable disbursements (such as external filing fees or third-party charges) will be added to our invoices where applicable. If you require services from third-party professionals, such as legal counsel, valuers or other specialists, we will obtain your approval before engaging them, and their costs will be billed to you.
If payment is not received by the due date, we may charge interest on overdue amounts at a rate of 10% per annum, calculated daily and/or suspend further work until all outstanding amounts are paid in full. We will exercise these rights only when fair and reasonable, and we will try to discuss any concerns with you before taking such action.
8. Lien
If permitted by law or professional guidelines, we may exercise a lien over all materials or records in our possession relating to all engagements for you until all outstanding fees and disbursements are paid in full.
9. Confidentiality
We will take all reasonable steps to keep your information confidential, except where:
- We need to disclose your information to our service providers (including auditors of client monies if applicable) or regulatory bodies in performing the services, our professional advisers or insurers or as part of an external peer review from time to time. Our files may also be subject to review as part of the quality review program of Chartered Accountants Australia and New Zealand. By accepting this engagement, you acknowledge that, if requested, our files relating to this engagement will be made available under this program. We will take reasonable steps to ensure any such recipient (other than a regulatory body) keeps such information confidential on the same basis;
- We are required by law, regulation, a court of competent authority, or those professional obligations referred to in section 4 above, to disclose the information; or
- you give us permission to disclose the information.
We may retain your information during and after the engagement to comply with legal requirements or for data backup and archiving. We will continue to hold it confidentially. After any required retention period, we will securely delete your information within 30 days, following industry best practices and applicable laws.
We may mention that you are a client for promotional purposes.
10. Privacy
You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us. We collect and use that personal information for the purposes of providing the services described in the engagement letter to you and we will comply with the Privacy Act 1988 (Cth) when processing that personal information. Our privacy policy provides further details of our privacy practices.
11. Ownership of Materials
We own the copyright and all other intellectual property rights in everything we create in connection with this engagement. Unless we agree otherwise, anything we create in connection with this engagement may be used by you only for the purpose for which you have engaged us.
All working papers prepared by us (in any form whatsoever, including physical and electronic) remain our property. We will retain these papers in accordance with our normal record keeping practices in accordance with our professional and legal obligations.
12. Limitation of Liability
Our liability is limited by a scheme approved under Professional Standards Legislation. You agree not to bring any claim against any of our directors or employees in their personal capacity.
To the maximum extent permitted by law, we are not liable to you for:
- Indirect, special or consequential losses or damages of any kind; or
- Liability arising due to the acts or omissions of any other person or circumstances outside our reasonable control, or your breach of these terms.
13. Limitation of Third-Party Rights
Our advice and information are provided for your exclusive use. We accept no responsibility to any third party unless we have expressly agreed in the engagement letter that a specified third party may rely on our work.
14. Termination
Either party may terminate this engagement by giving at least 21 days’ written notice. We may terminate immediately without notice if:
- a conflict of interest arises that cannot be managed in accordance with our professional obligations;
- you fail to cooperate with us or fail to provide information or documentation we reasonably request, including as required for AML/CTF purposes under clause 2;
- we reasonably believe you have provided misleading or inaccurate information;
- we determine in our sole discretion that the engagement falls outside our AML/CTF risk appetite as referred to in clause 2A; or
- we are required to terminate by law.
Termination does not affect any accrued rights. If the engagement is terminated before completion, we are entitled to be paid for all work performed or costs incurred up to the date of termination, at our standard hourly rates.
15. Communication
You must advise of any changes to your contact details. We may send any communications to the last contact details you have provided. Unless you instruct us otherwise, we may, where appropriate, communicate with you and with third parties via email or by other electronic means. The recipient is responsible for virus checking emails and any attachments. There is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties in any form of communication, whether electronic, postal or otherwise. We are not responsible for any such matters beyond our control.
16. Applicable Law
Our engagement is governed by the law of New South Wales. The courts sitting in that New South Wales will have non-exclusive jurisdiction in relation to any dispute between us.
17. Interpretation
If any provision of the engagement letter or these terms is void, that provision will be severed and the remainder will continue to apply. If there is any conflict between the engagement letter and these terms, these terms prevail.
18. Disputes and Complaints
If you have any concerns about our costs or services, please speak to the person responsible for this engagement, who is identified in our engagement letter. To resolve your concerns, we have policies and procedures in place to deal appropriately with complaints and will use best endeavours to resolve a complaint or dispute to the mutual satisfaction of the parties involved. We may require you to detail your complaint in writing to allow us to fully investigate any concerns that you raise.
Where your complaint concerns a tax agent service that we have provided, you also have the right to make a complaint to the Tax Practitioners Board in accordance with their complaints process described here: https://www.tpb.gov.au/complaints.
19. Third Party Responsibilities
We use third-party, cloud-based and electronic services (for example, for storage, lodgement of returns, digital signatures, portals, backups and practice management). These platforms may temporarily retain certain data (such as meeting notes or recordings) for operational purposes (up to 90 days after a project or meeting). Our cloud service providers use enterprise-grade hosting with robust physical and digital security measures (including 24/7 monitoring, on-site security, regular audits and multiple geographically separated backups) to minimize the risk of data loss. By continuing to work with us, you consent to the use of such third-party platforms in connection with your engagement unless you notify us in writing that you opt out.
20. Consumer Data Rights
You may consent for an Accredited Data Recipient under the Consumer Data Right (CDR) to disclose your CDR data to us. You may nominate us as your Trusted Adviser for this purpose. As your Trusted Adviser, we will only access the data necessary to provide the services in this engagement letter.
21. Register of Tax Agents and BAS Agents available for you to search
The Tax Practitioners Board (TPB) maintains a register with details of registered, suspended and deregistered tax and BAS agents. This register is available to the public to search at https://www.tpb.gov.au/public-register.
We are obliged to advise clients of certain events which may influence your decision to engage us as your tax agent. There are no current issues about which we are obliged to advise you.
We are also obliged to advise you whether there are any conditions attached to our registration. There are no current conditions attached to our registration.
22. Your rights under Taxation Law (including Tax Agent Services Act and the Tax Agent Services (Code of Professional Conduct) Determination)
Please refer to the attached fact sheet published by the Tax Practitioners Board (TPB) summarizing your obligations to the ATO and your tax practitioners, and your tax practitioner’s obligations to you, the TPB and ATO.
The fact sheet is here: https://www.tpb.gov.au/sites/default/files/2025-06/Keeping%20your%20clients%20informed_Factsheet.pdf