Commonwealth Consolidated Acts

FEDERAL FINANCIAL RELATIONS ACT 2009 - SECT 6

  (1)   The Minister must, by notifiable instrument, determine the amounts described in subsections   (3) and (4) for a payment year.

  (2)   The GST revenue for a payment year is the difference between:

  (a)   the sum of all the amounts described in subsection   (3) and determined for the payment year; and

  (b)   the amount described in subsection   (4) and determined for the payment year.

  (3)   For the purposes of paragraph   (2)(a) the amounts are:

  (a)   the amount that is the total of the following:

  (i)   the GST that was collected;

  (ii)   the payments made to the Commissioner of Taxation representing amounts of GST that would have been payable if the Constitution did not prevent tax from being imposed on property of any kind belonging to a State and section   5 of the GST Imposition Acts had not been enacted;

  (iii)   the additional GST that would have been collected if the Commonwealth and Commonwealth entities could be made subject to taxation by a Commonwealth law and section   177 - 1 of the GST Act made those entities actually liable rather than notionally liable; and

  (b)   the amount of general interest charge that was collected to the extent that it is attributable to:

  (i)   unpaid GST; or

  (ii)   unpaid general interest charge payable in respect of unpaid GST; and

  (c)   the amount, determined in a manner agreed by the Commonwealth and all of the States, that represents amounts of voluntary GST payments that should have, but have not, been paid by local government bodies.

  (4)   For the purposes of paragraph   (2)(b) the amount is the total of the following, so far as each of them is attributable to GST:

  (a)   payments under the GST refund provisions;

  (b)   what was payable under the GST refund provisions and was (rather than being paid directly under those provisions) allocated, applied or refunded in accordance with Part   IIB of the Taxation Administration Act 1953 .

  (5)   In making determinations for the purposes of this section, the Minister must make such adjustments as are necessary to ensure that any effect that the luxury car tax law or wine equalisation tax law would otherwise have on the amounts of GST, and the amounts attributable to GST, is removed.