1Purposes

The purposes of this Act are—

(a)

to record the State's intention to give effect to the Intergovernmental Agreement on the Reform of Commonwealth–State Financial Relations;

(b)

to enable State entities to make GST equivalent payments;

(c)

to amend the Financial Institutions Duty Act 1982 and the Stamps Act 1958 to discontinue financial institutions duty and stamp duty on certain share transfers and on bookmakers' statements;

(d)

to alter government fees and charges to take GST into account;

(e)

to amend various Acts as a consequence of national taxation reform.

2Commencement

(1)

This Act, except Parts 8 and 9 and sections 17, 18, 19, 24, 33 and 34, comes into operation on the day after the day on which it receives the Royal Assent.

(2)

Section 31 is deemed to have come into operation on 17 February 1999.

(3)

The remaining provisions of Part 9 and sections 17, 18, 19, 24, 33 and 34 come into operation on 1 July 2000.

(4)

Part 8 comes into operation on 3 July 2000.

3Definitions

s. 3

In this Act—

Commissioner of Taxation means the person holding office for the time being as Commissioner of Taxation under the Taxation Administration Act 1953 of the Commonwealth;

GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

GST Imposition Acts means the following Acts of the Commonwealth—

(a)

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

(b)

A New Tax System (Goods and Services Tax Imposition—Excise) Act 1999;

(c)

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

S. 3 def. of GST law inserted by No. 42/2012 s. 9.

GST law has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

S. 3 def. of interest inserted by No. 42/2012 s. 9.

interest means the general interest charge the liability for which arises under the Taxation Administration Act 1953 of the Commonwealth and which would otherwise be payable if the GST law applied to a State entity;

Intergovernmental Agreement means the Intergovernmental Agreement on the Reform of Commonwealth–State Financial Relations set out in the Schedule;

S. 3 def. of penalties inserted by No. 42/2012 s. 9.

penalties means any penalties imposed in respect of GST by Part 4-25 of Schedule 1 to the Taxation Administration Act 1953 of the Commonwealth and which would otherwise be payable if the GST law applied to a State entity;

State entity means a person that is not liable for GST that it would be liable for if—

(a)

the imposition of that GST were not prevented by section 114 of the Commonwealth Constitution; and

(b)

section 5 of each of the GST Imposition Acts had not been enacted.

s. 3

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Part 2—Intergovernmental Agreement

4Intergovernmental Agreement

s. 4

(1)

A copy of the Intergovernmental Agreement on the Reform of Commonwealth–State Financial Relations is set out in the Schedule.

(2)

It is the intention of the State to comply with, and give effect to, the Intergovernmental Agreement.

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Part 3—Payment of GST Equivalents by State Entities

S. 5 amended by No. 42/2012 s. 10 (ILA s. 39B(1)).

5Voluntary GST equivalent payments

s. 5

(1)

A State entity may pay to the Commissioner of Taxation amounts representing amounts that would have been payable for GST if—

(a)

the imposition of that GST were not prevented by section 114 of the Commonwealth Constitution; and

(b)

section 5 of each of the GST Imposition Acts had not been enacted—

and may do things of a kind that it would be necessary or expedient for it to do if it were liable for that GST.

S. 5(2) inserted by No. 42/2012 s. 10.

(2)

Without limiting subsection (1), a State entity may also pay to the Commissioner of Taxation amounts representing amounts that would have been payable as penalties or interest in respect of amounts paid under subsection (1) if—

(a)

the imposition of that GST were not prevented by section 114 of the Commonwealth Constitution; and

(b)

section 5 of each of the GST Imposition Acts had not been enacted.

6Directions to State entities

(1)

The Treasurer may give a State entity written directions that it—

(a)

make payments that it is authorised by section 5 to make;

(b)

do anything else that it is authorised by that section to do.

(2)

The Treasurer, by a further written direction given to the State entity, may amend or revoke a direction previously given under this section.

(3)

Requirements in a direction under this section may relate to things that have happened before the direction was given.

(4)

A State entity is to comply with directions under this section despite any other written law.

s. 6

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Part 4—Government Fees and Charges

National Taxation Reform (Consequential Provisions) Act 2000

About this Act

Bill & explanatory material

This Act’s bill