PART 7A - ADDITIONAL REQUIREMENTS FOR DEALINGS WITH CERTAIN GOODS
History
Pt 7A (comprising s 91A to s 91ZF) inserted by No 16 of 1998, Sch 2 item 23, effective 16 April 1998. See also the history note for Div 3 and 4.
Division 3 - Authorisation of certain transactions
History
Div 3 (comprising s 91R to s 91V) inserted by No 16 of 1998, Sch 2 item 23 and 25(3), applicable to dealings on or after 1 September 1998 (reg 8A of the Sale Tax Assessment Regulations).
SECTION 91S (Repealed by 101 of 2006)
QUOTE NOT EFFECTIVE WITHOUT AUTHORISATION
91S(1)
[Effective quote for Part 7A goods]
A quote in relation to a dealing with Part 7A goods is only effective if:
(a)
the person quoting is accredited and the quote is authorised by the Commissioner; or
(b)
the quote is a quote of an exemption declaration, the dealing is not a local entry and the person making the quote intends to use the goods so as to satisfy an exemption item (other than a prescribed exemption item); or
(c)
the dealing is not a local entry and the person making the quote:
(i) is registered; and
(ii) is not acquiring the goods for resale; and
(iii) satisfies the low purchase value test (see subsections (2) and (3)) in relation to that dealing; or
(d)
the quote is made in prescribed circumstances; or
(e)
the person accepting the quote satisfies the Commissioner that he or she was satisfied on reasonable grounds that paragraph (a), (b), (c) or (d) applied.
91S(2)
[Low purchase value test]
For a person to satisfy the low purchase value test in relation to a dealing (the
``current dealing''
), the total of the value of:
(a)
the current dealing; and
(b)
all other acquisitions of Part 7A goods for which the person quoted, or which were not taxable because of section 30 or 32, in the 12 months before the current dealing;
must be less than $6,000 or such other amount as is prescribed.
History
S 91S(2) amended by No 33 of 1999, s 3 and Sch 2 item 9, effective on a date to be proclaimed by inserting ``, or which were not taxable because of section 30 or 32,'' after ``quoted''.
91S(3)
[Expectation that acquisition will be below low purchase value threshold]
In addition, the person must have an expectation (based on reasonable grounds) that the total of the value of all acquisitions of Part 7A goods by the person in the 12 months after the current dealing for which the person will quote, or which will not be taxable because of section 30 or 32, will be less than $6,000 or such other amount as is prescribed.
History
S 91S(3) amended by No 33 of 1999, s 3 and Sch 2 item 10, effective on a date to be proclaimed by inserting ``, or which will not be taxable because of section 30 or 32,'' after ``quote''.
91S(4)
[Seller to obtain written confirmation from purchaser]
For a person (the
``seller''
) to be satisfied that another person (the
``purchaser''
) satisfies the low purchase value test in relation to a dealing, the seller must obtain from the purchaser a signed statement, in a form approved in writing by the Commissioner, that the purchaser satisfies the low purchase value test in relation to the dealing.
91S(5)
[False representation penalty]
A person must not, in relation to any dealing with goods, falsely represent that the person satisfies the low purchase value test in relation to that dealing.
Penalty: 50 penalty units.
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