SCHEDULE 1
EXEMPTION ITEMS
CCH Note:
Table of contents amended by No 171 of 1995, Item 2 of Sch 5,
applicable to dealings with goods that occur on or after 28 September 1995,
by inserting the words ``and rice milk'' into Item 71.
Table of contents amended by No 169 of 1995, Item 20 of Pt 2 of Sch
1, applicable to dealings with goods that occur on or after 16 December 1995,
by inserting ``126A State/Territory bodies'' after Item 126.
Table of contents amended by No 169 of 1995, Item 4 of Pt 1 of Sch
9, applicable to dealings with goods that occur on or after 16 December 1995,
by inserting ``168A Exempt UHF television transmitters (see section 3C)''
after Item 168.
Table of contents modified by Act Nos 91 to 93
of 1995, s 7 and Sch 3, by omitting item 108, applicable to dealings with
goods on or after 1 November 1995.
Table of contents amended by No 138 of 1994, s 152(a), applicable to
dealings with goods after 28 November 1994, by inserting ``38A Computer
related equipment for RHQ company'' after Item 38.
Table of contents amended by No 118 of 1993 s 144, with effect from
24 December 1993, by inserting ``144A Exempt child care bodies'' after Item
144, inserting ``163A RSPCA'' after Item 163, applicable to dealings with
goods after 24 December 1993.
Amended by No 224 of 1992 s 134, with effect from 28 October 1992,
by inserting ``161A Livestock food'' after Item 161.
Amended by No 150 of 1992 s 18, with effect from 11 December 1992, by
omitting ``31 Pallets'', substituting ``etc'' for ``and other fuels'' in Item
55, inserting Item 57A, and by inserting Items 192, 193, 194 and
195.
CHAPTER 15: MISCELLANEOUS
ITEM 148: [Wedding rings]
Wedding rings, but not including rings set with gems or with
imitation, reconstructed or synthetic gems.
ITEM 149: [Prams, bassinets etc.]
149(1)
Prams, strollers, pushers and similar goods designed for conveying
infants.
[Parts]
149(2)
Bassinets, sleeping baskets, cradles and cots, for infants.
[Parts]
149(3)
Baby capsules, safety seats, booster seats, and other goods designed
for use exclusively for carrying infants.
[Parts]
149(4)
Restraining harness for infants.
[Parts]
149(5)
Goods designed for use with goods covered by subitems (1) to (4).
ITEM 150: [Cloth on the roll]
150(1)
Cloth on the roll (whether woven, felted, knitted, netted or
crocheted), including cloth made wholly or partly of glass fibre, rubber or
synthetic or plastic material.
150(2)
This Item does not cover:
(a)
tracing cloth;
(b)
floor coverings;
(c)
goods that are covered by any Item in Schedule 2 or 5.
ITEM 151: [Yarns and threads for knitting, sewing etc.]
Goods marketed principally as yarns or threads for knitting,
weaving, crocheting, embroidery, sewing or mending, rug-making or tapestry
work.
ITEM 152: [Leather]
Leather, but not including tanned skins (or skins that have been
similarly processed) with fur, hair or wool attached.
ITEM 153: [Raffia]
Raffia.
ITEM 154: [Sewing twine]
Sewing twine.
ITEM 155: [Goods for religious use]
155(1)
Goods for use by a person mainly for the purposes of church services.
155(2)
Goods for use by a person mainly in religious devotion, not including
goods of a kind ordinarily used for purposes of a non-religious kind.
ITEM 156: [Coffins etc.]
156(1)
Coffins, cremation caskets and urns.
156(2)
Goods marketed exclusively as fittings or trimmings for goods covered
by subitem (1).
156(3)
Goods for use by a person exclusively as fittings or trimmings for
goods covered by subitem (1).
ITEM 157: [Wreaths etc.]
157(1)
Wreaths, and covers and mounts for wreaths.
157(2)
Floral tributes (including bouquets, posies, floral baskets and
sheaves) containing natural flowers.
ITEM 158: [Plants, trees, seeds etc. for horticultural purposes]
158(1)
Plants and trees.
158(2)
Bulbs, seeds, parts of plants and similar goods that are marketed
principally for propagation or other horticultural purposes.
ITEM 159: [Fertilisers etc.]
159(1)
Fertilisers.
159(2)
Other materials and preparations ordinarily used to stimulate or
improve the setting of fruit, or the growth or productivity of plants.
ITEM 160: [Tobacco, cigarettes and cigars]
Tobacco, cigarettes and cigars.
ITEM 161: [Poultry food]
Poultry food.
ITEM 161A: [Livestock food]
Goods of a kind ordinarily used as food for livestock.
History
Item 161A inserted by No 224 of 1992, s 129(c), effective 28
October 1992.
ITEM 162: [Food for non-domestic birds]
Food for birds (other than birds kept as domestic pets).
ITEM 163: [Food for guide dogs or animals in shelters etc.]
Goods for use by a person exclusively as food for:
(a)
guide dogs for blind persons; or
(b)
animals being given refuge, or medical treatment, in animal shelters,
animal hospitals or veterinary clinics.
ITEM 163A: [RSPCA]
Goods for use by a society mentioned in any of items 4.2.6 to
4.2.14 (inclusive) of the table in subsection 30-45(2) of the
Income Tax Assessment Act 1997 mainly in carrying
out activities, other than commercial activities, associated with the
inspectorial functions of the organisation or the operation of animal shelters
by the organisation.
History
Item 163A amended by No 121 of 1997, item 42 of Pt 4 of Sch 9, effective 1 July 1997, by substituting ``the table in subsection 30-45(2) of the
Income Tax Assessment Act 1997'' for ``table 4 in subsection 78(4) of the
Income Tax Assessment Act 1936''.
Item 163A inserted by Act No 118 of 1993, s 144(d), effective 24
December 1993.
ITEM 164: [Imported horses]
Imported horses.
ITEM 165: [Horseshoes and horseshoe nails]
Horseshoes and horseshoe nails.
ITEM 166: [Veterinary instruments, appliances and materials]
Veterinary instruments, appliances, materials and preparations of a
kind ordinarily used or prescribed by veterinary surgeons.
[Parts, accessories and attachments]
ITEM 167: [Tallow]
Tallow.
ITEM 168: [Scoured wool etc.]
168(1)
Scoured wool, slipe wool, fellmongered wool and carbonised wool.
168(2)
Wool tops, wool noils and wool waste.
ITEM 168A: [Exempt UHF television transmitters]
Exempt UHF television transmitters (see section 3C).
History
Item 168A inserted by No 169 of 1995, Item 5 of Sch 9, applicable to
dealings with goods after 16 December 1995.
CCH Note:
Item 7 of Sch 1 to No 169 of 1995 states that:
(1)
A dealing with a UHF television transmitter is a
transitional exempt
UHF television transmitter dealing
if:
(a)
the dealing occurred on or after 1 September 1993 and before the commencement of item 5; and
(b)
the Secretary to the Department of Communications and the Arts, or a person authorised by the Secretary for the purposes of this subitem, has certified that the UHF television transmitter was an exempt UHF television transmitter at the time of the dealing (see subitems (2) and (3)).
(2)
A UHF television transmitter was an
exempt UHF television
transmitter
at the time of the dealing if, at that time, it was to be installed:
(a)
on or after 1 January 1994 and before 1 January 1996; and
(b)
for the purpose of a commercial television broadcasting service; and
(c)
in accordance with an implementation plan referred to in Part IIIC of the Broadcasting Services Act 1942 or section 16 of the Broadcasting Services (Transitional Provisions and
Consequential Amendments) Act 1992.
(3)
A UHF television transmitter was not an exempt UHF television transmitter at the time of the dealing if it was a replacement for another UHF television transmitter.
(4)
In this section,
commercial television broadcasting
service, transmitter
and
UHF television transmitter
have the same meanings as in section 3C of the Sales Tax (Exemptions and
Classifications) Act 1992.
ITEM 169: [Wireless transceivers for use with Flying Doctor
Service]
169(1)
Wireless transceivers for use by an authorised person mainly in
conjunction with a radio service that is conducted by:
(a)
the Royal Flying Doctor Service of Australia; or
(b)
an organisation that conducts an aerial medical or ambulance service
similar to the service conducted by the Royal Flying Doctor Service of
Australia.
[Parts]
169(2)
In this Item,
``authorised person''
means a person authorised
to operate the wireless transceiver under a licence that is issued under
the
Radiocommunications Act 1992 in respect of the
use of equipment in connection with an aerial medical or ambulance service.
History
Item 169(2) amended by No 138 of 1994, s 163(b), applicable to dealings
with goods after 28 November 1994, by substituting ``operate the wireless
transceiver'' for ``conduct the service''.
Item 169(2) amended by No 167 of 1992, s 14(1) and Sch, effective 1
July 1993, by substituting ``a person authorised to conduct the service
under'' for ``the holder of'' and substituting
``
Radiocommunications Act 1992'' for
``
Radiocommunications Act 1983''.
ITEM 170: [Satellite receiving equipment]
Satellite earth stations, and associated devices, for use by a person
mainly for receiving the satellite service known as the Homestead and
Community Broadcasting Satellite Service, but not including goods that are
for use, to a significant extent, in connection with a business that is
carried on for the purpose of profit or gain.
[Parts and accessories]
ITEM 171: [Solar energy equipment]
171(1)
Goods of a kind ordinarily used for collecting, absorbing or
concentrating the sun's rays for the purpose of using them as a source of
heat.
[Parts]
171(2)
Photovoltaic cells.
[Parts]
171(3)
Goods for use by a person mainly in facilitating the operation of
goods covered by subitem (1) or (2).
[Parts]
ITEM 172: [LPG etc. conversion equipment]
Goods for use by a person to convert an internal combustion engine so
that the engine (or the unit of which it forms part) can operate on natural
gas or liquid petroleum gas. This Item only applies if the goods are
essential to the conversion and:
(a)
are to form an integral part of the converted engine (or of the unit
of which it forms part); or
(b)
are to be connected to the converted engine, whether directly or
indirectly.
ITEM 173: [Fire fighting and prevention equipment]
173(1)
Equipment and apparatus of a kind ordinarily used in preventing or
combating fire.
[Parts and accessories]
173(2)
Materials for use by a person exclusively in the repair or maintenance
of goods covered by subitem (1).
173(3)
Chemicals and other preparations for use by a person exclusively
in fire-fighting appliances.
ITEM 174: [Water]
Water (including distilled water and purified water), but not
including manufactured beverages or toilet water.
ITEM 175: [Ice]
Plain ice and dry ice.
ITEM 176: [Gases]
Gases, not including:
(a)
carbon dioxide;
(b)
refrigerant gases;
(c)
gases marketed principally for inflating balloons.
ITEM 177: [Acetylene, liquid oxygen etc]
177(1)
Dissolved acetylene, liquid oxygen and liquid nitrogen.
177(2)
Calcium carbide.
ITEM 178: [Ammonia]
Aqua (liquid) ammonia and anhydrous ammonia.
ITEM 179: [Toluol]
Toluol.
ITEM 180: [Explosives]
180(1)
Explosives, not including:
(a)
fireworks, rockets or coloured fires;
(b)
sporting powder, safety cartridges, percussion caps or ammunition.
180(2)
Goods for use by a person exclusively as raw materials in producing
explosives covered by subitem (1).
ITEM 181: [Currency]
Coins or notes that are lawfully current in Australia or in any other
part of the world.
ITEM 182: [Bullion]
Bullion.
ITEM 183: [Gold etc imported for approved mint]
Gold coin or gold imported for treatment by a mint approved by the
Treasurer in writing for the purposes of this Item.
[local entry only]
ITEM 184: [Goods produced in New Zealand, Fiji etc]
Goods that:
(a)
came into existence in New Zealand, Fiji, Norfolk Island, Papua New
Guinea, the Territory of Christmas Island or the Territory of Cocos (Keeling)
Islands; and
(b)
would in no circumstances be subject to sales tax if they had come
into existence in Australia.
ITEM 185: [Goods imported for repair, processing etc]
Goods imported for repair, alteration or industrial processing, if the
goods are covered by item 21 in Schedule 4 to the Customs Tariff.
[local entry only]
ITEM 185A: [Imported goods covered by item 21A in Schedule 4 to the Customs Tariff]
Imported goods covered by item 21A in Schedule 4 to the Customs Tariff.
History
Item 185A inserted by No 176 of 1999, s 3 and Sch 7 item 8, effective 24 June 2000.
ITEM 186: [Goods imported or purchased by overseas travellers]
186(1)
Goods that:
(a)
are imported by a passenger or member of the crew of a ship or
aircraft; and
(b)
are covered by item 15 in Schedule 4 to the Customs Tariff.
186(2)
Goods that:
(a)
are purchased from an inwards duty free shop by a relevant traveller;
and
(b)
are covered by item 15 in Schedule 4 to the Customs Tariff (or would
be covered if they had been imported by the relevant traveller).
ITEM 187: [Imported goods of insubstantial or negligible value]
187(1)
Imported goods of insubstantial value that are covered by item 32A in
Schedule 4 to the Customs Tariff.
[local entry only]
187(2)
Imported goods of insubstantial value that are covered by item 32B in
Schedule 4 to the Customs Tariff.
[local entry only]
187(3)
Imported goods being samples of negligible value that are covered by
item 33B in Schedule 4 to the Customs Tariff.
[local entry only]
History
Item 187 substituted by No 15 of 1996, Sch 1 item 31, effective 1 July
1996. Item 187 formerly read:
Imported goods of negligible or insubstantial value that are covered by
paragraph (a), (b) or (c) of item 32 in Schedule 4 to the Customs Tariff.[local entry only]
ITEM 188: [Inherited goods]
Imported goods inherited by a person, body or institution that was
resident or established in Australia at the time of becoming the owner of the
goods.
[local entry only]
ITEM 189: [Ship's stores and aircraft's stores]
189(1)
Ship's stores, and aircraft's stores, that are exempt from customs
duty because of section 130 of the Customs Act.
189(2)
Goods for use by a person as stores for a ship or aircraft engaged in
overseas services, but not including goods that are liable to customs duty.
ITEM 190: [Airport shop goods]
Airport shop goods sold or for sale to a relevant traveller from an
inwards duty free shop.
ITEM 191: [National flags etc]
Flags that are made of cloth, paper or plastic sheeting and are the
emblems of nations, states or territories, or of the United Nations.
ITEM 192: [Construction, repair etc of property owned or leased
by always exempt persons or foreign governments]
192(1)
Goods for use by a person so that the goods become an integral part
of property (not being goods) where:
(a)
the use is under a contract with an always-exempt person or with
the government of a foreign country, or under a sub-contract under such a
contract; and
(b)
either:
(i) the property is owned by or leased to the always-exempt person or
the government of the foreign country; or
(ii) the use is in the construction, improvement, or other preparation,
of the property for ownership by the always-exempt person or the government
of the foreign country.
192(2)
Goods for use by a person so that the goods become an integral part
of property (not being goods) where:
(a)
the property is leased to an always-exempt person or the government of
a foreign country; and
(b)
the use of the goods by the person is under a contract with the
lessor, or under a sub-contract under such a contract; and
(c)
the lessor entered into the contract for the purpose of complying with
the requirements of the lease.
192(3)
This Item does not apply if the property is or will be used by:
(a)
the foreign country's diplomatic mission in Australia; or
(b)
a consular post in Australia of the foreign country; or
(c)
a Trade Commissioner in Australia of the foreign country.
ITEM 193: [Goods for donation or loan to an always-exempt person
or a foreign government]
193(1)
Goods for use by a person:
(a)
for donation to an always-exempt person or the government of a
foreign country; or
(b)
for lending free of charge to an always-exempt person, or to the
government of a foreign country, for the whole of the statutory period.
193(2)
Subitem (1) does not apply:
(a)
in any case - unless the goods will be assessable goods when
donated or lent; and
(b)
in the case of a donation or loan to the government of a foreign
country - if the goods will be used by:
(i) the country's diplomatic mission in Australia; or
(ii) a consular post in Australia of the country; or
(iii) a Trade Commissioner in Australia of the country.
ITEM 194: [Goods for supply to a person for use in exempt circumstances]
Goods for use by a person for supply to another person under a contract
(other than a contract of sale) if:
(a)
property in the goods is to pass to the other person under the
contract; and
(b)
the other person would have been entitled to quote for the purchase
in reliance on an exemption Item, if the other person had purchased the
goods.
ITEM 195: [Parts, repair equipment etc. for use in relation to certain leases]
195(1)
Goods that are covered by an agreement under subsection 15A(3) or (4)
of the Assessment Act, where:
(a)
they are for use exclusively as mentioned in that subsection; and
(b)
the exempt percentage specified in the agreement is 100%.
195(2)
Goods (
``the associated goods''
) where all the following conditions are
met:
(a)
there is an eligible long-term lease of other goods;
(b)
the associated goods are for use by the lessor exclusively:
(i) as parts, accessories, fittings or attachments for the other goods;
or
(ii) so as to become an integral part of the other goods;
(c)
if that use were instead by the lessee or the sub-lessee mentioned
in paragraph (b) of the definition of
``eligible long-term lease''
in section
5 of the Assessment Act, it would satisfy the exemption Item mentioned in
that paragraph.
195(3)
Goods (
``the repair equipment''
) where all the following
conditions are met:
(a)
there is an eligible long-term lease of other goods;
(b)
the repair equipment is for use by the lessor exclusively as equipment
for repairing or maintaining the other goods;
(c)
if that use were instead by the lessee or the sub-lessee mentioned
in paragraph (b) of the definition of
``eligible long-term lease''
in
section 5 of the Assessment Act, it would satisfy one or more of exemption
Items 1, 2, 18, 23, 28, 29, 30, 33, 34, 35, 36 and 38.
ITEM 196: [Space objects etc.]
196(1)
Goods consisting of:
(a)
a vehicle (the
``launch vehicle''
) that can, or is intended to be able to, carry a payload into or back from outer space; or
(b)
a payload, or other goods, that a launch vehicle is to carry
into or back from outer space;
or any part of such a thing, even if:
(c)
the part is to go only some of the way towards or back from
outer space; or
(d)
the part results from the separation of a payload or payloads
from a launch vehicle after launch.
[Parts]
196(2)
Goods for use by a person exclusively as raw materials in the
construction or repair of goods covered by subitem (1).
196(3)
In this Item,
``payload''
includes a load to be carried for testing purposes or
otherwise on a non-profit basis.
History
Item 196 inserted by No 33 of 1999, s 3 and Sch 1 item 2, effective 14 May 1999.
ITEM 197: [Goods imported by Olympians etc.]
197(1)
Imported goods, if they are covered by item 64 in Schedule 4 to
the Customs Tariff.
[local entry only]
History
Item 197 inserted by No 33 of 1999, s 3 and Sch 1 item 2, effective 14 May 1999.