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A New Tax System (Indirect Tax and Consequential Amendments) Bill 1999

1998-99

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

A New Tax System (Indirect Tax and Consequential Amendments) Bill 1999

 

No.      , 1999

 

(Treasury)

 

 

 

A Bill for an Act to implement A New Tax System by amending legislation relating to indirect tax, and by amending other legislation consequentially on indirect tax reform, and for other purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 4

Schedule 1—Indirect Tax Acts                                                                                       5

Part 1—Amendment of the A New Tax System (Goods and Services Tax) Act 1999    5

Part 2—Amendment of the A New Tax System (Luxury Car Tax) Act 1999      38

Part 3—Amendment of the A New Tax System (Wine Equalisation Tax) Act 1999       47

Schedule 2—Customs Act 1901                                                                                    59

Part 1—Amendments commencing on Royal Assent                                  59

Part 2—Amendments commencing immediately after the GST Act commences               62

Part 3—Amendment commencing after Schedule 2 to the Customs Legislation Amendment Act (No. 2) 1999                                                                                                                    65

Schedule 3—Income Tax Assessment Act 1997                                                  66

Part 1—General                                                                                                               66

Part 2—Amendments consequential on the insertion of new definitions                81

Schedule 4—Trade Practices Act 1974                                                                    84

Schedule 5—Tax Administration Acts                                                                     85

A New Tax System (Indirect Tax Administration) Act 1999                                85

Taxation Administration Act 1953                                                                          85

Schedule 6—Indirect Tax Transition Acts                                                            87

A New Tax System (Goods and Services Tax Transition) Act 1999                   87

A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999     91

Schedule 7—Amendments relating to the Tradex Scheme                          92

Part 1—Amendments commencing before 1 July 2000                             92

Sales Tax Assessment Act 1992                                                                                92

Sales Tax (Exemptions and Classifications) Act 1992                                        93

Part 2—Amendments relating to indirect taxes commencing on 1 July 2000       94

A New Tax System (Goods and Services Tax) Act 1999                                       94

A New Tax System (Wine Equalisation Tax) Act 1999                                        96

Schedule 8—Other Acts                                                                                                    98

Administrative Decisions (Judicial Review) Act 1977                                        98

Crimes (Taxation Offences) Act 1980                                                                     98

Freedom of Information Act 1982                                                                         104

Income Tax Assessment Act 1936                                                                           105

Taxation (Interest on Overpayments and Early Payments) Act 1983             107

 



A Bill for an Act to implement A New Tax System by amending legislation relating to indirect tax, and by amending other legislation consequentially on indirect tax reform, and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 .

2   Commencement

             (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Schedule 1—GST, Luxury Car Tax and Wine Equalisation Tax

             (2)  Part 1 of Schedule 1 (other than items 127 and 133) commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

             (3)  Part 2 of Schedule 1 (other than items 187, 189 and 190) commences immediately after the commencement of the A New Tax System (Luxury Car Tax) Act 1999 .

             (4)  Part 3 of Schedule 1 (other than items 232 and 235) commences immediately after the commencement of the A New Tax System (Wine Equalisation Tax) Act 1999 .

             (5)  Items 127, 133, 187, 189, 190, 232 and 235 of Schedule 1 commence, or are taken to have commenced, on 1 July 2000, or immediately after the commencement of item 9 of Schedule 3 to the A New Tax System (Pay As You Go) Act 1999 , whichever is later.

Schedule 2—Customs Act

             (6)  Item 5 of Schedule 2 commences on the day on which this Act receives the Royal Assent if, and only if, this Act receives the Royal Assent before the day on which Schedule 2 to the Customs Legislation Amendment Act (No. 2) 1999 commences.

Note:          The rest of Part 1 of Schedule 2 commences on Royal Assent.

             (7)  Part 2 of Schedule 2 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

             (8)  Part 3 of Schedule 2 commences on the day on which this Act receives the Royal Assent, or immediately after the commencement of Schedule 2 to the Customs Legislation Amendment Act (No. 2) 1999 , whichever is later.

Schedule 3—Income Tax Assessment Act 1997

             (9)  Schedule 3 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

Note:          Schedule 4 commences on Royal Assent.

Schedule 5—Tax Administration Acts

           (10)  Schedule 5 (other than items 2 and 3) commences immediately after the commencement of the A New Tax System (Indirect Tax Administration) Act 1999 .

           (11)  Items 2 and 3 of Schedule 5 commence immediately after the commencement of the A New Tax System (Goods and Services Tax Administration) Act 1999 .

Schedule 6—Indirect Tax Transition Acts

           (12)  Schedule 6 (other than items 13 and 14) commences, or is taken to have commenced, immediately after the commencement of the A New Tax System (Goods and Services Tax Transition) Act 1999 .

           (13)  Items 13 and 14 of Schedule 6 commence immediately after the commencement of the A New Tax System (Wine Equalisation Tax and Luxury Car Tax Transition) Act 1999 .

Schedule 7—Tradex Scheme

           (14)  If the Tradex Scheme Act 1999 commences before 1 July 2000:

                     (a)  Part 1 of Schedule 7 commences, or is taken to have commenced, on the day on which that Act commences; and

                     (b)  Part 2 of Schedule 7 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

           (15)  If the Tradex Scheme Act 1999 commences on 1 July 2000:

                     (a)  Part 1 of Schedule 7 is taken never to have commenced; and

                     (b)  Part 2 of Schedule 7 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

           (16)  If the Tradex Scheme Act 1999 commences after 1 July 2000:

                     (a)  Part 1 of Schedule 7 is taken never to have commenced; and

                     (b)  Part 2 of Schedule 7 commences on the day on which that Act commences.

Schedule 8—Other Acts

           (17)  Schedule 8 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999 .

3   Schedule(s)

                   Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.