Commonwealth Numbered Acts

FEDERAL FINANCIAL RELATIONS ACT 2009 (NO. 11, 2009) - SECT 6

             (1)  The Minister must make a determination for each of the matters covered by subsections (3) and (4) stating the amount for the payment year.

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

                     (a)  the sum of all of the amounts determined for matters covered by subsection (3) for the payment year; and

                     (b)  the sum of all of the amounts determined for matters covered by subsection (4) for the payment year.

             (3)  The matters are:

                     (a)  the amount of GST that was collected; 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, being general interest charge payable in respect of unpaid GST; and

                     (c)  the amount of payments made to the Commissioner of Taxation where the payment represents an amount 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 if section 5 of the GST Imposition Acts had not been enacted; and

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

                     (e)  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)  The matters are:

                     (a)  the amount that was paid under the GST refund provisions; and

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

to the extent that the amounts are attributable to GST.

             (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.

             (6)  A determination made under subsection (1) is not a legislative instrument.