SALES TAX LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 33, 1999 - SCHEDULE 3 Schedule 3

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SALES TAX LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 33, 1999 - SCHEDULE 3

Schedule 3 - Temporary importation of goods

Sales Tax Assessment Act 1992

1 After section 9A

Insert:

9B Goods temporarily imported: affects meaning of Australian-used goods

(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).

2 At the end of Part 3

Add:

Division 5—Tax not payable on certain dealings 51A Goods brought into Australia on a temporary basis

(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

4 Application

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.

[ Minister's second reading speech made in—

House of Representatives on 3 December 1998

Senate on 17 February 1999 ]

(233/98)

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