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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Sales Tax
Legislation Amendment Bill (No. 1) 1998
No.
, 1998
(Treasury)
A
Bill for an Act to amend the law relating to taxation
ISBN: 0642
379483
Contents
Sales Tax Assessment Act
1992 3
Sales Tax (Exemptions and Classifications) Act
1992 4
Sales Tax Assessment Act
1992 6
Sales Tax Assessment Act
1992 10
A Bill for an Act to amend the law relating to
taxation
The Parliament of Australia enacts:
This Act may be cited as the Sales Tax Legislation Amendment Act (No.
1) 1998.
(1) This Act commences on the day on which it receives the Royal
Assent.
(2) Items
1 to 6, 9 and 10 of Schedule 2 commence on a day to be fixed by
Proclamation.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 At the end of table 3A in Schedule
1
Add:
|
TCR5 |
Transitional credit for space objects |
Claimant has borne tax on a tax bearing dealing with goods. The claimant
was not entitled to quote for the dealing, but would have been if exemption Item
196 had been in force at the time of the dealing. |
dealings with goods on or after 23 June 1998 and before the commencement of
item 2 of Schedule 1 to the Sales Tax Legislation Amendment Act (No.1)
1998 |
the tax borne to the extent that the claimant has not passed it
on |
at the commencement of item 2 of Schedule 1 to the Sales Tax Legislation
Amendment Act (No. 1) 1998 |
|
TCR6 |
Transitional credit for goods imported by Olympians etc. |
Claimant has borne tax on a tax bearing dealing with goods. The claimant
was not entitled to quote for the dealing, but would have been if exemption Item
197 had been in force at the time of the dealing. |
dealings with goods on or after 1 March 1998 and before the commencement of
item 2 of Schedule 1 to the Sales Tax Legislation Amendment Act (No. 1)
1998 |
the tax borne to the extent that the claimant has not passed it
on |
at the commencement of item 2 of Schedule 1 to the Sales Tax Legislation
Amendment Act (No.1) 1998 |
Sales
Tax (Exemptions and Classifications) Act 1992
2 At the end of Schedule 1
Add:
(1) Goods consisting of:
(a) a vehicle (the launch vehicle) that can, or is intended
to be able to, carry a payload into or back from outer space; or
(b) a payload, or other goods, that a launch vehicle is to carry into or
back from outer space;
or any part of such a thing, even if:
(c) the part is to go only some of the way towards or back from outer
space; or
(d) the part results from the separation of a payload or payloads from a
launch vehicle after launch.
[Parts]
(2) Goods for use by a person exclusively as raw materials in the
construction or repair of goods covered by subitem (1).
(3) In this Item,
payload includes a load to be carried for testing purposes or
otherwise on a non-profit basis.
Imported goods, if they are covered by item 64 in Schedule 4 to the
Customs Tariff.
[local entry only]
3 Application
The amendment made by item 2 applies to dealings after the commencement of
that item.
1 Paragraph 30(1)(b)
After “assessable goods”, insert “and, if the goods are
Part 7A goods, one of the conditions in subsection 32A(1) is
satisfied”.
2 Paragraph 30(1)(c)
After “assessable goods”, insert “and, if the goods are
Part 7A goods, one of the conditions in subsection 32A(1) is
satisfied”.
3 Paragraph 30(2)(b)
After “assessable goods”, insert “and, if the goods are
Part 7A goods, one of the conditions in subsection 32A(1) is
satisfied”.
4 Paragraph 32(a)
After “them”, insert “and, if the goods are Part 7A
goods, one of the conditions in subsection 32A(1) is satisfied”.
5 Paragraph 32(b)
After “used”, insert “and, if the goods are Part 7A
goods, one of the conditions in subsection 32A(1) is satisfied”.
6 After section 32
Insert:
(1) The following are the conditions for Part 7A goods (one of which must
be satisfied):
(a) the purchaser, or lessee, is accredited;
(b) in the case of a purchase—the purchaser is not acquiring the
goods for resale and satisfies the low export purchase value test (see
subsections (2) and (3)) in relation to that sale;
(c) the sale, or lease, is made in prescribed circumstances;
(d) the seller, or lessor, satisfies the Commissioner that he or she was
satisfied on reasonable grounds that paragraph (a), (b) or (c)
applied.
(2) For a person to satisfy the low export purchase value test in relation
to a dealing (the current dealing), the total of the value
of:
(a) the current dealing; and
(b) all other acquisitions of Part 7A goods for which the person quoted,
or which were not taxable because of section 30 or 32, in the 12 months before
the current dealing;
must be less than $6,000 or such other amount as is prescribed.
(3) In addition, the person must have an expectation (based on reasonable
grounds) that the total of the value of all acquisitions of Part 7A goods by the
person in the 12 months after the current dealing for which the person will
quote, or which will not be taxable because of section 30 or 32, will be less
than $6,000 or such other amount as is prescribed.
(4) For a person (the seller)to be satisfied that another
person (the purchaser) satisfies the low export purchase value
test in relation to a dealing, the seller must obtain from the purchaser a
signed statement, in a form approved in writing by the Commissioner, that the
purchaser satisfies the low purchase value test in relation to the
dealing.
(5) A person must not, in relation to any dealing with goods, falsely
represent that the person satisfies the low export purchase value test in
relation to that dealing.
Penalty: 50 penalty units.
7 Subsection 91C(1) (table)
Repeal the table, substitute:
|
Part 7A goods |
||
|---|---|---|
|
Item |
Description of goods |
Tariff classification |
|
1 |
Personal computers |
8471.41.00 |
|
2 |
Personal computers in the form of systems |
8471.49.00 |
|
3 |
Processing units for personal computers |
8471.50.00 |
|
4 |
Laptops, Notebooks, Palmtops |
8471.30.00 |
|
5 |
Monitors |
8471.60.00 |
|
6 |
Keyboards |
8471.60.00 |
|
7 |
Printers (dot matrix) |
8471.60.00 |
|
8 |
Printers (ink jet) |
8471.60.00 |
|
9 |
Printers (laser) |
8471.60.00 |
|
10 |
CD drives |
8471.70.00 |
|
11 |
Hard drives |
8471.70.00 |
|
12 |
Floppy drives |
8471.70.00 |
|
13 |
Motherboards |
8473.30.00 |
|
14 |
Memory |
8473.30.00 |
|
15 |
Controller cards |
8473.30.00 |
|
16 |
Modems |
8517.50.00 |
8 Section 91 (penalty)
Omit “$2,000”, substitute “50 penalty
units”.
9 Paragraph 91S(2)(b)
After “quoted”, insert “, or which were not taxable
because of section 30 or 32,”.
10 Subsection 91S(3)
After “quote”, insert “, or which will not be taxable
because of section 30 or 32, ”.
11 Subsection 91ZE(1)
(penalty)
Omit “20”, substitute “50”.
12 Application
(1) The amendments made by items 1 to 6, 9 and 10 apply to dealings after
the commencement of those items.
(2) The amendment made by item 7 applies to dealings on or after the day on
which the Bill that became the Sales Tax Legislation Amendment Act (No. 1)
1998 was introduced into the House of Representatives.
(3) The amendments made by items 8 and 11 apply to dealings after the
commencement of those items.
Insert:
(1) This section applies if:
(a) Australian-used goods that were the subject of a dealing covered by
section 51A have been exported; and
(b) the goods are later imported.
(2) In applying the sales tax law at or after the time of the importation,
the goods are not taken to be Australian-used goods only because of an AOU of
the goods that happened before they were exported as mentioned in paragraph
(1)(a).
Add:
(1) Tax is not payable on a dealing that is a local entry of goods
if:
(a) subsection 162(1) of the Customs Act 1901 applies to the goods;
and
(b) a Collector has been given a security or an undertaking, to the
satisfaction of the Collector, for the payment of an amount equal to the sales
tax that would otherwise have been payable for the dealing; and
(c) the Collector has granted permission under that subsection to take
delivery of the goods; and
(d) the applicable provisions of regulations made under section 162 of
that Act are complied with.
(2) A security or an undertaking given under paragraph (1)(b) in respect
of a dealing with goods may be enforced according to its tenor if:
(a) the goods have been dealt with in a manner that is not in compliance
with subsection (1); or
(b) the goods are exported, otherwise than in accordance with
subregulation 124(3) of the Customs Regulations; or
(c) the goods are not exported within the time provided under subsection
162(3) of the Customs Act 1901.
A security must be returned to the person who gave it, and an undertaking
may not be enforced, if the goods are exported and none of the above paragraphs
apply.
(3) Tax is not payable on a dealing that is a local entry of goods
if:
(a) subsection 162A(1) of the Customs Act 1901 applies to the
goods; and
(b) the Chief Executive Officer of Customs has accepted a security or an
undertaking for the payment of an amount equal to the sales tax that would
otherwise have been payable for the dealing; and
(c) a Collector has granted permission under subsection 162A(2) of that
Act to take delivery of the goods.
(4) A security or an undertaking given under paragraph (3)(b) in respect
of a dealing with goods may be enforced according to its tenor if:
(a) the goods are dealt with in a manner inconsistent with subregulation
125B(1) of the Customs Regulations without the consent of the Chief Executive
Officer of Customs; or
(b) paragraph 162A(5)(a) or (b) of the Customs Act 1901 applies to
the goods.
A security must be returned to the person who gave it, and an undertaking
may not be enforced, if the goods are exported and neither of the above
paragraphs apply.
(5) Tax is not payable on a dealing that is a local entry of goods if the
goods are specified in an instrument in force under subregulation 125A(2) of the
Customs Regulations unless the goods are dealt with in a manner inconsistent
with subregulation 125B(2) of the Customs Regulations.
(6) In this section:
Collector means a Collector for the purposes of the
Customs Act 1901.
3 Schedule 1, Table
2 (cell at table row dealing with LE14, column [2])
Repeal the cell, substitute:
|
the goods are delivered to a person who has given a security or undertaking
under section 51A for the payment of an amount equal to the sales tax that would
otherwise have been payable for the dealing |
The amendments made by this Schedule apply to dealings after 7.30 pm, by
legal time in the Australian Capital Territory, on 13 May 1997.