A New Tax System (Goods and Services Tax) Act 1999

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.

S 58-65 inserted by No 118 of 2009, s 3 and Sch 1 item 25, effective 4 December 2009.