A New Tax System (Goods and Services Tax) Act. Australia

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      A New Tax System (Goods and Services Tax) Act

      Act No. 55 of 1999 as amended

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      Chapter 1—Introduction

      Part 1–1—Preliminary

      Division 1—Preliminary

      1–1 Short title [see Note 1^[1]]

      This Act may be cited as the A New Tax System (Goods and Services Tax) Act 1999.

      1–2 Commencement

      (1) This Act commences on 1 July 2000.

      1–3 Commonwealth-State financial relations

      The Parliament acknowledges that the Commonwealth:

      (a) will introduce legislation to provide that the revenue from the GST will be granted to the States, the Australian Capital Territory and the Northern Territory; and

      (b) will maintain the rate and base of the GST in accordance with the Agreement on Principles for the Reform of Commonwealth-State Financial Relations endorsed at the Special Premiers’ Conference in Canberra on 13 November 1998.

      1–4 States and Territories are bound by the GST law

      The *GST law binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not make the Crown liable to be prosecuted for an offence.

      Part 1–2—Using this Act

      Division 2—Overview of the GST legislation

      2–1 What this Act is about

      This Act is about the GST.

      It begins (in Chapter 2) with the basic rules about the GST, and then sets out in Chapter 3 the exemptions from the GST and in Chapter 4 the special rules that can apply in particular cases.

      It concludes with definitions and other interpretative material.

      Note: The GST is imposed by 6 Acts, the most important of which are:

      (a) the A New Tax System (Goods and Services Tax Imposition — General) Act 1999; and

      (b) the A New Tax System (Goods and Services Tax Imposition — Customs) Act 1999; and

      (c) the A New Tax System (Goods and Services Tax Imposition — Excise) Act 1999.

      2–5 The basic rules (Chapter 2)

      Chapter 2 has the basic rules for the GST, including:

      when and how the GST arises, and who is liable to pay it;

      when and how input tax credits arise, and who is entitled to them;

      how to work out payments and refunds of GST;

      when and how the payments and refunds are to be made.

      2-10 The exemptions (Chapter 3)

      Chapter 3 sets out the supplies and importations that are GST-free or input taxed.

      2-15 The special rules (Chapter 4)

      Chapter 4 has special rules which, in particular cases, have the effect of modifying the basic rules in Chapter 2.

      Note: There is a checklist of special rules at the end of Chapter 2 (in Part 2–8).

      2-20 Miscellaneous (Chapter 5)

      Chapter 5 deals with miscellaneous matters.

      2-25 Interpretative provisions (Chapter 6)

      Chapter 6 contains the Dictionary, which sets out a list of all the terms that are defined in this Act. It also sets out the meanings of some important concepts and rules on how to interpret this Act.

      2-30 Administration, collection and recovery provisions in the Taxation Administration Act 1953

      Parts 3-10, 4-15 and 5–5 in Schedule 1 to the Taxation Administration Act 1953 contain provisions relating to the administration of the GST, and to collection and recovery of amounts of GST.

      Division 3—Defined terms

      3–1 When defined terms are identified

      (1) Many of the terms used in the law relating to the GST are defined.

      (2) Most defined terms in this Act are identified by an asterisk appearing at the start of the term: as in “*enterprise”. The footnote that goes with the asterisk contains a signpost to the Dictionary definitions starting at section 195-1.

      3–5 When terms are not identified

      (1) Once a defined term has been identified by an asterisk, later occurrences of the term in the same subsection are not usually asterisked.

      (2) Terms are notasterisked in the non-operative material contained in this Act.

      Note: The non-operative material is described in Division 4.

      (3) The following basic terms used throughout the Act are not identified with an asterisk.

      Common definitions that are not asterisked

      Item

      This term:

      1

      acquisition

      2

      amount

      3

      Australia

      4

      Commissioner

      5

      entity

      6

      goods

      7

      GST

      8

      import

      8A

      individual

      9

      input tax credit

      10

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