Taxation Laws Amendment Act (No. 3) 1993 (118 of 1993)

Part 8   AMENDMENT OF THE SALES TAX ASSESSMENT ACT 1992

136   Insertion of new section

After section 15B of the Principal Act the following section is inserted in Part 2:

Eligible repair goods

"15C.(1) Goods are eligible repair goods if:

(a) the goods are parts that are used by a person ('the claimant') exclusively in the repair, renovation or reconditioning of Australian-used

goods owned by the claimant; and

(b) as a result of that use, the goods become an integral part of the Australian-used goods; and

(c) after the goods become an integral part of the Australian-used goods, property in the Australian-used goods passes under a contract from the claimant to another person ('the exemption user'); and

(d) the exemption user gives the claimant a declaration under subsection (2).

"(2) The declaration referred to in paragraph (1)(d) is a declaration that either:

(a) the Australian-used goods; or

(b) if the claimant has used the Australian-used goods as parts exclusively in the repair, renovation or reconditioning of other Australian-used goods so as to become an integral part of those other goods-those other goods;

are for use by the exemption user so as to satisfy one or more of exemption Items 1, 2, 18, 23, 28, 29, 33, 35, 36 and 38. The declaration must be in writing in a form approved by the Commissioner and be signed by the exemption user.

"(3) The time when the goods become eligible repair goods is the later of the time when property in the Australian-used goods passes to the exemption user and the time when the exemption user gives the declaration to the claimant.".