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TREASURY LAWS AMENDMENT (2017 MEASURES NO. 2) REGULATIONS 2017 (F2017L01491) - SCHEDULE 2

Tourist refund scheme

   

A New Tax System (Goods and Services Tax) Regulations 1999

1  Subregulations 168-5.10(1) to (3)

Repeal the subregulations, substitute:

             (1)  The acquirer must present to an officer of Customs, on request, at a TRS verification facility:

                     (a)  the tax invoice relating to the goods; and

                     (b)  as many of the following as are requested:

                              (i)  the goods;

                             (ii)  the acquirer's passport;

                            (iii)  documents that confirm the acquirer's entitlement to leave the indirect tax zone on an aircraft or ship (for example, the acquirer's boarding pass or ticket).

             (2)  However, if a TRS verification facility enables an acquirer to lodge a claim for payment, the acquirer may instead:

                     (a)  complete a claim for payment; and

                     (b)  include the acquirer's tax invoice with the claim; and

                     (c)  lodge the claim for payment at the TRS verification facility.

Note:          A TRS verification facility may enable an acquirer to lodge a claim for payment, for example, by placing the claim in a drop box facility.

             (3)  The acquirer must comply with subregulation (1) or (2):

                     (a)  if the acquirer is leaving the indirect tax zone on an aircraft--at least 30 minutes before the aircraft's scheduled departure time; or

                     (b)  if the acquirer is leaving the indirect tax zone on a ship--at least 60 minutes before the ship's scheduled departure time.

Note:          The scheduled departure time of an aircraft or ship may change, for example, because of a delay.

2  Subregulation 168-5.10C(1)

After "request", insert ", at a TRS verification facility".

3  Subregulation 168-5.10C(2)

Repeal the subregulation, substitute:

             (2)  However, if a TRS verification facility enables an acquirer to lodge a claim for payment, the acquirer may instead:

                     (a)  complete a claim for payment; and

                     (b)  include the following documents with the claim:

                              (i)  the acquirer's tax invoice;

                             (ii)  documentary evidence referred to in paragraph (1)(b);

                            (iii)  documentary evidence referred to in subparagraph (1)(c)(i) or (ii); and

                     (c)  lodge the claim for payment at the TRS verification facility.

Note:          A TRS verification facility may enable an acquirer to lodge a claim for payment, for example, by placing the claim in a drop box facility.

          (2A)  The acquirer must comply with subregulation (1) or (2):

                     (a)  if the acquirer is leaving the indirect tax zone on an aircraft--at least 30 minutes before the aircraft's scheduled departure time; or

                     (b)  if the acquirer is leaving the indirect tax zone on a ship--at least 60 minutes before the ship's scheduled departure time.

Note:          The scheduled departure time of an aircraft or ship may change, for example, because of a delay.

4  Paragraph 168-5.12(1)(a)

Omit "regulation 168-5.10", substitute "subregulations 168-5.10(1) and (3) or subregulations 168-5.10C(1) and (2A)".

5  Regulation 168-5.13

Repeal the regulation.

6  Regulation 168-5.17 (heading)

Repeal the heading, substitute:

168-5.17   Processing claim for payment

7  Paragraph 168-5.17(1)(a)

Omit "regulation 168-5.13", substitute "subregulations 168-5.10(2) and (3) or subregulations 168-5.10C(2) and (2A)".

8  Subregulation 168-5.17(3)

Repeal the subregulation, substitute:

             (3)  The payment must be made within 60 days after whichever is the later of the following:

                     (a)  the day the Comptroller-General of Customs receives the claim;

                     (b)  if the Comptroller-General of Customs asks the acquirer to give information relating to the claim for payment--the day the Comptroller-General receives the information.

9  Clause 104 of Part 2 of Schedule 15 (heading)

Repeal the heading, substitute:

104   Processing claim for payment

10  In the appropriate position in Schedule 15

Insert:

Part 5 -- Amendments made by the Treasury Laws Amendment (2017 Measures No. 2) Regulations 2017

   

107   Claim for payment

             (1)  The amendments made by Schedule 2 to the Treasury Laws Amendment (2017 Measures No. 2) Regulations 2017 apply on and after the start day in relation to a claim for payment under Division 168:

                     (a)  made on or after that start day; or

                     (b)  made, but not finally dealt with, before that start day.

             (2)  In this clause:

Division 168 means Division 168 of these Regulations and includes that Division as affected by Division 25 of the A New Tax System (Wine Equalisation Tax) Regulations 2000 .

"start day " means the first day of the month following the day that Schedule 2 to the Treasury Laws Amendment (2017 Measures No. 2) Regulations 2017 commences.



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