Div 58 inserted by No 118 of 2009, s 3 and Sch 1 item 8, effective 1 July 2000. No 118 of 2009, s 3 and Sch 1 items 50
-
55 contains the following transitional provisions:
50 Application of Division 72
(1)
Division
72
of the
A New Tax System (Goods and Services Tax) Act 1999
does not apply in relation to a supply or acquisition that an incapacitated entity made to or from an associate of the incapacitated entity if:
(a)
making the supply or acquisition was within the scope of the representative
'
s responsibility or authority for managing the incapacitated entity
'
s affairs; and
(b)
the supply or acquisition was made before the day this Act received the Royal Assent
[
ie 4 December 2009].
(2)
Division
72
of that Act does not apply in relation to a supply or acquisition that an incapacitated entity made to or from an associate of the incapacitated entity if:
(a)
making the supply or acquisition was within the scope of the representative
'
s responsibility or authority for managing the incapacitated entity
'
s affairs; and
(b)
the incapacitated entity is being wound up under a member
'
s voluntary winding up (within the meaning of the
Corporations Act 2001
); and
(c)
the resolution for voluntary winding up (within the meaning of the
Corporations Act 2001
) was passed before the day on which the Bill that became this Act was introduced into the House of Representatives
[
ie 16 September 2009].
51 Cancellations of registration under section 147-10
(1)
If:
(a)
before the commencement of this item
[
ie 4 December 2009], the Commissioner cancelled the registration of an incapacitated entity; and
(b)
but for the enactment of this Schedule, the cancellation would have continued to have effect under section
147-10
of the
A New Tax System (Goods and Services Tax) Act 1999
;
the cancellation continues to have effect after that commencement as a cancellation under section
58-25
of that Act as inserted by this Schedule.
(2)
If:
(a)
before the commencement of this item
[
ie 4 December 2009], an objection had been made under section
110-50
in Schedule
1
to the
Taxation Administration Act 1953
against a decision under section
147-10
of the
A New Tax System (Goods and Services Tax) Act 1999
; and
(b)
as at that commencement, the objection had not been finally determined;
Part
IVC
of the
Taxation Administration Act 1953
continues to apply after that commencement in relation to the objection as if the decision were a decision under section
58-25
of the
A New Tax System (Goods and Services Tax) Act 1999
as inserted by this Schedule.
52 Notices under section 147-15
If:
(a)
before this Act received the Royal Assent
[
ie 4 December 2009], a representative who ceased to be a representative of an incapacitated entity notified the Commissioner of that cessation; and
(b)
but for the enactment of this Schedule, the notice would have met the requirements of section
147-15
of the
A New Tax System (Goods and Services Tax) Act 1999
;
the notice has effect as a notice under section
58-30
of that Act as inserted by this Schedule.
53 Time limit on recovery by the Commissioner
If:
(a)
because of the amendments made by this Schedule, you are liable to pay a net amount, net fuel amount or amount of indirect tax that you would not have been liable to pay if the amendments had not been made; and
(b)
the net amount, net fuel amount or amount of indirect tax corresponds to an amount paid to you as a refund, or applied under Division
3
of Part
IIB
of the
Taxation Administration Act 1953
:
(i)
on or after 12 December 2008 and before this Act received the Royal Assent
[
ie 4 December 2009]; and
(ii)
in relation to the net amount, net fuel amount or amount of indirect tax;
that Act applies in relation to the net amount, net fuel amount or amount of indirect tax as if the reference in subsection
105-50(1)
in Schedule
1
to that Act to 4 years after the net amount, net fuel amount or amount of indirect tax became payable by you were a reference to 4 years after the payment of the refund or application of the amount under that Division.
54 Refunds of amounts wrongly paid by incapacitated entities
If:
(a)
before this Act received the Royal Assent
[
ie 4 December 2009], an incapacitated entity paid an amount of indirect tax (including any relevant general interest charge under the
Taxation Administration Act 1953
) that was payable by a representative of an incapacitated entity; and
(b)
but for this item, the Commissioner would be liable to refund the amount to the incapacitated entity;
the Commissioner is not liable to refund the amount unless the representative has also paid the amount to the Commissioner.
55 Liability of representatives of incapacitated entities
A representative of an incapacitated entity is not liable to make a payment to the Commissioner relating to a net amount if:
(a)
but for this item, the representative would be liable, because of amendments made by this Schedule, to make the payment; and
(b)
the liability arose as a result of acts or omissions that were within the scope of the representative
'
s responsibility or authority for managing the incapacitated entity
'
s affairs; and
(c)
the liability arose before 6 February 2009; and
(d)
the net amount has been disclosed in a GST return given to the Commissioner in accordance with the
A New Tax System (Goods and Services Tax) Act 1999
:
(i)
before 6 February 2009; or
(ii)
within the period required under that Act for giving the return; and
(e)
either the incapacitated entity has paid the net amount to the Commissioner, or both of the following apply:
(i)
the incapacitated entity was unable to pay the net amount to the Commissioner before 6 February 2009;
(ii)
the representative did not, on that day, have access to assets of the incapacitated entity, or to an indemnity, through which the net amount could be paid to the Commissioner; and
(f)
the representative acted in good faith in relation to the net amount.
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