Chapter 5
-
Miscellaneous
Part 5-1
-
Miscellaneous
Division 177
-
Miscellaneous
177-1
Commonwealth etc. not liable to pay GST
(1)
The Commonwealth and *
untaxable Commonwealth entities
are not liable to pay GST payable under this Act. However, it is the Parliament
'
s intention that the Commonwealth and untaxable Commonwealth entities should:
(a)
be notionally liable to pay GST payable under this Act; and
(b)
be notionally entitled to input tax credits arising under this Act; and
(c)
notionally have *
adjustments
arising under this Act.
History
S 177-1(1) amended by
No 58 of 2006
, s 3 and Sch 7 items 6 and 7, by substituting
"
*untaxable Commonwealth entities
"
for
"
*Commonwealth entities
"
and substituting
"
untaxable Commonwealth entities should
"
for
"
Commonwealth entities should
"
, effective 22 June 2006.
(2)
The *
Finance Minister
may give such written directions as are necessary or convenient for carrying out or giving effect to
subsection (1)
and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth or an *
untaxable Commonwealth entity
.
History
S 177-1(2) amended by
No 58 of 2006
, s 3 and Sch 7 item 8, by substituting
"
an *untaxable Commonwealth entity
"
for
"
a *Commonwealth entity
"
, effective 22 June 2006.
(2A)
The directions given under subsection (2) may also take account of the provisions of the
A New Tax System (Goods and Services Tax Transition) Act 1999
.
History
S 177-1(2A) inserted by No 176 of 1999, s 3 and Sch 1 item 123, effective 1 July 2000.
(3)
Directions under
subsection (2)
have effect, and must be complied with, despite any other Commonwealth law.
(4)
If the Commonwealth or an *
untaxable Commonwealth entity
is notionally liable to pay GST for a supply made to another entity (other than the Commonwealth or an untaxable Commonwealth entity), the *
GST law
applies in relation to the other entity as if:
(a)
the supply were a *
taxable supply
to that entity; and
(b)
the amount of GST for which the Commonwealth or an untaxable Commonwealth entity is notionally liable for the supply is treated as the amount of GST payable for the supply.
History
S 177-1(4) amended by
No 58 of 2006
, s 3 and Sch 7 items 9 and 10, by substituting
"
an *untaxable Commonwealth entity
"
for
"
a *Commonwealth entity
"
(first occurring) and substituting
"
an untaxable Commonwealth entity
"
for
"
a *Commonwealth entity
"
(second and third occurring), effective 22 June 2006.
(5)
Untaxable Commonwealth entity
means a Commonwealth entity (within the meaning of the
Public Governance, Performance and Accountability Act 2013
) that cannot be made liable to taxation by a law of the Commonwealth.
History
S 177-1(5) substituted by No 36 of 2015, s 3 and Sch 5 item 2, effective 14 April 2015. No 36 of 2015, s 3 and Sch 5 items 74
-
77, contain the following transitional and application provisions:
Part 2
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Transitional and application provisions
74 Corporate and strategic plans
An amendment made by an item of this Schedule that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015.
75 Annual reports
An amendment made by an item of the Schedule that relates to an annual report applies in relation to reporting periods that commence on or after 1 July 2014.
76 Disclosing interests
(1)
This item applies if:
(a)
before this item commences, a person discloses an interest in accordance with a provision in an Act; and
(b)
the provision is:
(i)
amended; or
(ii)
repealed; or
(iii)
repealed and substituted;
by an item of this Schedule.
(2)
The person is taken to have disclosed the interest in accordance with section 29 of the
Public Governance, Performance and Accountability Act 2013
and rules made for the purposes of that section.
77 Saving instruments in force at commencement
(1)
This item applies if:
(a)
a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
(b)
an instrument made under, or for the purposes of, the provision is in force immediately before the commencement of this Schedule; and
(c)
the provision is:
(i)
amended; or
(ii)
repealed and substituted;
by an item of this Schedule; and
(d)
after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.
(2)
If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.
(3)
If the provision is repealed and substituted, the instrument is taken, after the commencement of this Schedule, to have been made under, or for the purposes of, the provision as substituted.
S 177-1(5) formerly read:
(5)
Untaxable Commonwealth entity
means:
(a)
an Agency (within the meaning of the
Financial Management and Accountability Act 1997
); or
(b)
a Commonwealth authority (within the meaning of the
Commonwealth Authorities and Companies Act 1997
);
that cannot be made liable to taxation by a Commonwealth law.
S 177-1(5) substituted by
No 58 of 2006
, s 3 and Sch 7 item 11, effective 22 June 2006. S 177-1(5) formerly read:
(5)
Commonwealth entity
means:
(a)
an Agency (within the meaning of the
Financial Management and Accountability Act 1997
); or
(b)
a Commonwealth authority (within the meaning of the
Commonwealth Authorities and Companies Act 1997
);
that cannot be made liable to taxation by a Commonwealth law.