Part 1—Main amendments
A New Tax System (Wine Equalisation Tax) Act 1999
1
Section 17-5 (table item CR9)
Repeal the item, substitute:
CR9
| * Producer rebate
| An * assessable
dealing is made in circumstances that entitle you to a producer rebate under
Division 19.
| the amount of the producer rebate under Division 19
|
immediately before the end of the financial year in which the assessable
dealing occurs
|
2
Subsection 17-10(1)
After "a * wine tax credit", insert "(other than a claim for a * producer
rebate under subsection 19-5(2))".
3
Subsection 17-10(2)
After "a * wine tax credit", insert "(other than a claim for a * producer
rebate under subsection 19-5(2))".
4
After subsection 17-10(2)
Insert:
- (2A)
- If you are a * New Zealand participant, you may make a claim
for a * wine tax credit under subsection 19-5(2) in the * approved form. The
claim must be accompanied by such supporting evidence as the Commissioner
requires.
- (2B)
- The Commissioner may determine, by legislative instrument, the time or
times during which claims for * wine tax credits under subsection 19-5(2) may
be made.
5
Subsection 17-10(3)
After "subsection (2)", insert "or (2A)".
6
Section 17-15
After "subsection 17-10(2)", insert "or (2A)".
7
Section 17-20
After "subsection 17-10(2)", insert "or (2A)".
8
Section 19-5
Before "You are entitled", insert "(1)".
9
At the end of section 19-5
Add:
- (2)
- You are entitled to a * producer rebate for * rebatable wine for a
* financial year if:
(a) you are approved as a * New Zealand participant; and
(b) the wine was * produced by you in * New Zealand and exported to *
Australia; and
(c) you, or another entity, paid wine tax for a * taxable dealing in the
wine during the financial year.
10
After section 19-5
Insert:
19-7 Approval as New Zealand participant
- (1)
- You may apply, in writing, in the * approved form, to the Commissioner for
approval as a * New Zealand participant.
- (2)
- You are eligible to be approved as a * New Zealand participant if the
Commissioner is satisfied, on the basis of your application and any other
relevant information of which the Commissioner becomes aware, that:
(a) you are a * producer of * rebatable wine in * New Zealand; and
(b) the rebatable wine has been, or is likely to be, exported to *
Australia.
- (3)
- If the Commissioner, after consideration of your
application, is satisfied of the matters referred to in
subsection (2) in relation to you, the Commissioner must, by
written instrument, approve you as a * New Zealand participant.
- (4)
- The Commissioner must decide the date of effect of that approval and
include that date in the instrument of approval. That date may be the day of
the decision, or a day before or after that day.
Note: Deciding under this subsection the date of effect of any approval of an
entity as a New Zealand participant is a reviewable wine tax decision (see
Division 7 of Part VI of the Taxation Administration Act 1953 ) .
- (5)
- If the Commissioner approves you as a * New Zealand participant, the
Commissioner must, by notice in writing sent to you, inform you that you have
been so approved and of the date from which the approval has effect.
- (6)
- If the Commissioner, after consideration of your application, is not
satisfied of the matters referred to in subsection (2) in relation to
you, the Commissioner must:
(a) by written instrument, refuse to approve you as a * New Zealand
participant; and
(b) by notice in writing sent to you, inform you that the Commissioner has
so decided and of the reasons for that decision.
Note: Refusing to
approve an entity as a New Zealand participant is a reviewable wine
tax decision (see Division 7 of Part VI of the
Taxation Administration Act 1953 ) .
(7) An instrument of approval under subsection (3) and an instrument
refusing approval under subsection (6) are not legislative instruments.
19-8 Revoking an approval as a New Zealand participant
- (1)
- If, at any time, the Commissioner becomes aware that you cease to satisfy
the criteria for approval as a * New Zealand participant, the Commissioner
must, by written instrument, revoke your approval.
Note: Revoking under this subsection the approval of an entity as a New
Zealand participant is a reviewable wine tax decision (see Division 7 of
Part VI of the Taxation Administration Act 1953 ).
- (2)
- The Commissioner must decide the date of effect of that revocation and
include that date in the instrument of revocation. That date may be the day of
the decision, or a day before or after that day.
Note: Deciding under this subsection the date of effect of any revocation of
an approval as a New Zealand participant is a reviewable wine tax decision
(see Division 7 of Part VI of the Taxation Administration Act 1953
) .
- (3)
- If the Commissioner revokes your approval as a * New Zealand participant,
the Commissioner must, by notice in writing sent to you, inform you that the
Commissioner has revoked your approval, indicate the date from which the
revocation has effect and of the reasons for revoking that approval.
- (4)
- An instrument of revocation under subsection (1) is not a legislative
instrument.
19-9 Notification of changed circumstances
- (1)
- An entity approved as a * New Zealand participant must notify the
Commissioner in writing of any circumstances under which the Commissioner must
revoke the approval. The notification must be given to the Commissioner within
21 days after the circumstances occurred.
- (2)
- A notification under subsection (1) is not a legislative instrument.
11
Subsection 19-10(1)
Omit "for a dealing in wine because of paragraph 19-5(b)", substitute "because
of paragraph 19-5(1)(b) for a dealing in wine".
12
Subsection 19-10(2)
After " * producer rebate", insert "because of subsection 19-5(1)".
13
At the end of section 19-10
Add:
- (3)
- You are not entitled to a * producer rebate because of subsection
19-5(2) for a dealing in wine * produced in * New Zealand if:
(a) the wine is exported from * Australia after that dealing; and
(b) at the time of a claim for producer rebate in respect of that wine you
were, or should reasonably have been, aware that the wine had been, or
would be, so exported.
- (4)
- You are not entitled to a * producer
rebate because of subsection 19-5(2) for a dealing in wine * produced
in * New Zealand if a producer rebate has previously been paid in
respect of the wine.
14
Subsection 19-15(1)
After "you are entitled", insert "because of subsection 19-5(1)".
15
After subsection 19-15(1)
Insert:
- (1A)
- The amount of the * producer rebates to which you are entitled
because of subsection 19-5(2) for the wine for the * financial year is an
amount equal to 29% of the approved selling price for the wine.
- (1B)
- In working out the amount of the * producer rebate to which you are
entitled because of subsection 19-5(2), any component used to determine the
approved selling price that is expressed in a currency other than Australian
currency is to be treated as if it were an amount of Australian currency
worked out in the manner determined, by legislative instrument, by the
Commissioner.
- (1C)
- In this section:
"approved selling price", in relation to wine sold by a * New Zealand
participant, means the participant's selling price for the wine net of any
expenses unrelated to the production of the wine in * New Zealand, including
but not limited to:
(a) expenses relating to transportation, freight and insurance, agent's fees
and any other costs associated with exportation of the wine from New Zealand
and importation of the wine into * Australia; and
(b) New Zealand and Australian taxes including customs duties.
16
Subsection 19-15(2)
After "a * financial year", insert "under this Division".
17
Subsection 19-15(3)
After "the financial year", insert "under this Division".
18
Subsection 19-25(1)
After "claim", insert "because of subsection 19-5(1)".
19
After subsection 19-25(1)
Insert:
- (1A)
- If the sum of the amounts of * producer rebates that you claim
because of subsection 19-5(2) for the * financial year exceeds the amount of
the producer rebates to which you are entitled in respect of that financial
year, you are liable to pay an amount equal to that excess.
20
Subsection 19-25(2)
After "the financial year", insert "under this Division".
21
Subsection 19-25(4)
After " * financial year, and,", insert "except in the case of a * New Zealand
participant,".
22
At the end of section 19-25
Add:
- (5)
- For the purposes of the application of Part VI of the
Taxation Administration Act 1953 , a * producer rebate under subsection
19-5(2) is to be treated as a net amount .
23
Section 33-1
Insert:
"New Zealand" means the territory of New Zealand but does not
include Tokelau or the Associated Self Governing States of the Cook Islands
and Niue.
24
Section 33-1
Insert:
"New Zealand participant" means an entity that is approved as a New
Zealand participant under section 19-7.
25
Application
The amendment made by item 9 of this Schedule applies only to wine on
which wine tax has been paid for a taxable dealing during the financial year
starting on 1 July 2005 or on a subsequent 1 July.
Part 2—Consequential amendments
Taxation Administration Act 1953
26
Subsection 62(2A)
Repeal the subsection, substitute:
- (2A)
- Each of the following decisions is a
reviewable wine tax decision under the Wine Tax Act:
Reviewable wine tax decisions
|
|---|
Item
| Decision
| Provision of this Part under
which decision is made
|
1
| disallowing the whole or a part of your claim for
a wine tax credit
| section 17-45
|
2
| deciding the date of effect of
your approval as a New Zealand participant
| section 19-7
|
3
| refusing
to approve you as a New Zealand participant
| section 19-7
|
4
| revoking
your approval as a New Zealand participant
| section 19-8
|
5
| deciding
the date of effect of revocation of your approval as a New Zealand participant
| section 19-8
|
27
Transitional provision
If:
(a) an application has been made for the review of a decision that was a
reviewable wine tax decision within the meaning of subsection 62(2A) of the
Taxation Administration Act 1953 as in force immediately before the repeal of
that subsection; and
(b) that review has not been completed before the day of that repeal;
that review may continue to be dealt with, on and after that day, as
if it had been sought under subsection 62(2A) of the
Taxation Administration Act 1953 as amended by item 26 of this
Schedule.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback
Commonwealth Numbered Acts