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 9: HUMAN HEALTH AND HYGIENE
ITEM 78: [Drugs and medicines]
78(1)
Goods marketed principally as drugs or medicines for use:
(a)
in preventing, curing or treating sickness or disease in humans; or
(b)
in compounding or preparing such drugs or medicines.
78(2)
This Item does not cover:
(a)
toilet preparations and goods in the nature of toilet preparations
(including soaps, cleansing creams, hair lotions, anti-dandruff foams or
shampoos, skin repair creams or lotions, toothpastes, cosmetics, powders,
pomades and perfumes);
(b)
medicated confectionery;
(c)
goods of the following kinds marketed principally as antiseptics:
(i) household disinfectants;
(ii) sterilising solutions;
(iii) combined sterilising solutions and disinfectants;
(iv) combined disinfectants and antiseptics;
(v) combined sterilising solutions, disinfectants and antiseptics.
ITEM 79: [Rectified spirits for making medicines]
Rectified spirits for use by a person exclusively in making drugs or
medicines for use in preventing, curing or treating any sickness or disease
in humans.
ITEM 80: [Medical and surgical goods]
80(1)
Medical or surgical goods of a kind ordinarily used by persons
suffering from a medical condition where that use is for the purpose of
alleviating or treating the condition or its effects.
[Parts]
80(2)
In this Item,
``medical condition''
means sickness, disease,
injury or physical impairment.
ITEM 81: [Surgical instruments and appliances]
81(1)
Goods (not including microscopes) that:
(a)
are marketed principally as surgical instruments or appliances, or
surgical materials, for use with humans; and
(b)
are of a kind ordinarily used in hospitals, or by medical
practitioners, optometrists or persons registered as physiotherapists under
the law of a State or Territory.
[Parts]
81(2)
Microscopes for use mainly for medical purposes by a hospital,
medical practitioner or medical student.
[Parts]
ITEM 82: [X-ray apparatus]
Surgical X-ray apparatus and accessories, but not including accessories
of a kind ordinarily used as accessories for goods other than surgical X-ray
apparatus.
[Parts]
ITEM 83: [Gases for medical use]
Gases for use exclusively for medical or dental purposes by a
hospital, medical practitioner or dentist.
ITEM 84: [Dental instruments and appliances]
84(1)
Goods that:
(a)
are marketed principally as dental instruments or appliances, or
dental materials, for use with humans; and
(b)
are of a kind ordinarily used by dentists or dental mechanics.
[Parts]
84(2)
Dentures, braces, bridges, crowns and similar articles for human dental
use.
84(3)
Gold, alloys, amalgams, porcelain and other goods for similar dental
use, if the goods are for use by a dentist or dental mechanic for disposal to
human patients in the course of dental treatment.
ITEM 85: [Spectacles etc]
85(1)
Spectacles and eye-glasses, but not including goggles, sun glasses,
binoculars or similar optical goods.
[Parts]
History
Item 85(1) amended by No 150 of 1992, s 18(n), effective 11 December
1992, by inserting the term ``[Parts]''.
85(2)
Cases and wipers for goods covered by subitem (1).
ITEM 86: [Wigs etc for medical purposes]
Wigs and hair pieces for use by a person who has a certificate from a
legally qualified medical practitioner certifying that the person needs the
wig or hair piece because of a loss of hair caused by:
(a)
sickness or disease (other than naturally occurring baldness); or
(b)
the effects of the treatment of a sickness or disease.
ITEM 87: [Bath seats for disabled or elderly persons]
Bath seats of a kind ordinarily used by invalids or aged persons.
ITEM 88: [Cotton wool, bandages, first-aid kits etc]
88(1)
The following goods marketed principally for surgical or medical
purposes:
(a)
absorbent cotton wool;
(b)
gauzes, lint, adhesive plaster and strapping;
(c)
bandages and bandage winders;
(d)
elastic bandages, knee caps and stockings.
88(2)
Surgical, medical and first-aid outfits.
ITEM 89: [Toothbrushes etc]
89(1)
Toothbrushes for humans.
89(2)
Brushes for cleaning human dentures.
89(3)
Goods of a kind ordinarily used for cleaning human teeth or massaging
human gums, but not including:
(a)
tooth picks;
(b)
toothpastes, tooth powders, preparations for cleaning dentures or
similar toilet preparations;
(c)
goods for removing tartar or stains from teeth, or for whitening
teeth.
ITEM 90: [Contraceptives]
Contraceptives.
ITEM 91: [Sunscreen preparations]
Goods marketed principally for use as sunscreen preparations for humans
and included in the Australian Register of Therapeutic Goods.
ITEM 92: [Sanitary pads, baby nappies etc]
92(1)
Sanitary pads, tampons and other goods marketed exclusively for
purposes similar to the purposes for which sanitary pads and tampons are
used.
92(2)
Baby nappies and liners for baby nappies.
ITEM 93: [Goods for disabled persons]
Goods that:
(a)
are designed and manufactured expressly for use by persons who suffer
from sickness, disease or disablement; and
(b)
are of a kind not ordinarily used by persons who do not suffer from
sickness, disease or disablement.
In this Item,
``disablement''
includes blindness or deafness.
[Parts]
ITEM 94: [Wheelchairs etc for disabled persons]
94(1)
Wheelchairs, tricycles, wheeled lounges, spinal carriages and other
similar goods (whether self-propelled or not) designed for the carriage of
disabled persons.
[Parts]
History
Item 94(1) amended by No 150 of 1992, s 18(o), effective 11 December
1992, by inserting the term ``[Parts]''.
94(2)
Wheeled beds designed for use by disabled persons.
[Parts]
History
Item 94(2) amended by No 150 of 1992, s 18(o), effective 11 December
1992, by inserting the term ``[Parts]''.
94(3)
Battery chargers for use by a person mainly in recharging the batteries
of goods covered subitem (1) or (2).
ITEM 95: [Videotex systems for deaf persons]
95(1)
The following goods for use by an eligible deaf person (whether or not
the goods are of a kind used in, or in connection with, television
receivers):
(a)
interactive and broadcast videotex systems;
(b)
broadcast teletext decoding devices;
(c)
closed-caption decoding devices;
(d)
systems or devices that are similar to devices described in paragraph
(a), (b) or (c).
95(2)
In this Item:
``eligible deaf person''
means a person who has a current certificate given by a health
official for the purposes of this Item and certifying that the person's
hearing is impaired to such an extent that the person is profoundly deaf (or
is taken to be profoundly deaf);
``health official''
means the Secretary to the Department of Health, Housing and
Community Services, or an officer authorised by the Secretary.
ITEM 96: [Motor vehicles for disabled veterans]
96(1)
Motor vehicles for use, for his or her personal transportation, by a
person who:
(a)
has served in the Defence Force or in any other armed force of Her
Majesty; and
(b)
as a result of that service:
(i) has lost a leg or both arms; or
(ii) has had a leg, or both arms, rendered permanently and completely
useless; or
(iii) is a veteran to whom section 24 of the Veterans'
Entitlements Act 1986 applies and receives a pension under Part
II of that Act.[Parts]
96(2)
This Item does not apply to goods covered by Item 1 in
Schedule
6. For the purpose only of deciding whether goods are covered by Item 1 in
Schedule 6, the taxable value of a dealing with a motor vehicle is to
be reduced by so much as is attributable to modifications made to the motor
vehicle solely for the purpose of:
(a)
adapting it for driving by the person with the disability; or
(b)
adapting it for transporting the person with the disability.
CCH Note:
Item 96(2) modified by Act Nos 48 to 50 of 1993, s 5
and Sch 1 item 3, effective 18 August 1993, by substituting ``Schedule 6''
for ``Schedule 5'' wherever occurring.
The unmodified version of item 96(2) as originally enacted reads as
follows:
This Item does not apply to goods covered by Item 1 in
Schedule 5. For the purpose only of deciding whether goods are covered by Item
1 in Schedule 5, the taxable value of a dealing with a motor vehicle is to be
reduced by so much as is attributable to modifications made to the motor
vehicle solely for the purpose of:
(a)
adapting it for driving by the person with the disability; or
(b)
adapting it for transporting the person with the disability.
ITEM 97: [Motor vehicles for eligible disabled persons]
97(1)
Motor vehicles for use by an eligible disabled person for his or her
personal transportation to and from gainful employment.
[Parts]
97(2)
This Item does not apply to goods covered by Item 1 in
Schedule
6. For the purpose only of deciding whether goods are covered by Item 1 in
Schedule 6, the taxable value of a dealing with a motor vehicle is to
be reduced by so much as is attributable to modifications made to the motor
vehicle solely for the purpose of:
(a)
adapting it for driving by the person with the disability; or
(b)
adapting it for transporting the person with the disability.
CCH Note:
Item 97(2) modified by Act Nos 48 to 50 of 1993,
s 5 and Sch 1 item 3, effective 18 August 1993, by substituting ``Schedule 6''
for ``Schedule 5'' wherever occurring.
The unmodified version of item 97(2) as originally enacted read as
follows:
This Item does not apply to goods covered by Item 1 in Schedule
5. For the purpose only of deciding whether goods are covered by Item 1 in
Schedule 5, the taxable value of a dealing with a motor vehicle is to be
reduced by so much as is attributable to modifications made to the motor
vehicle solely for the purpose of:
(a)
adapting it for driving by the person with the disability; or
(b)
adapting it for transporting the person with the disability.
97(3)
In this Item:
``eligible disabled person''
means a person who has a current certificate given by the Secretary, certifying that the person has lost the use of one or both limbs to such an extent that he or she is unable to use public transport;
``Secretary''
means the Secretary to the Department of Health, Housing and
Community Services, or an officer authorised by that Secretary.
CCH Note:
Item 97(3) modified by Act Nos 91 to 93 of 1995,
s 6 and Sch 2, effective 1 July 1995, by substituting the definition of
``eligible disabled person''.
The unmodified definition of ``eligible disabled person'' as originally enacted reads as follows:
`eligible disabled person' means a person who has a
current certificate given by the Secretary, certifying that the person has
lost the use of one or more legs to such an extent that he or she is unable
to use public transport;.
ITEM 98: [Goods for modifying motor vehicle for disabled person]
Goods for use by a person mainly in modifying a motor vehicle solely
for the purpose of:
(a)
adapting it for driving by a person who is suffering from a
physical impairment; or
(b)
adapting it for transporting a person who is suffering from a
physical impairment.
ITEM 99: [Ambulances, life saving etc equipment]
99(1)
Machinery, implements or apparatus for use by a life saving club,
mines' rescue station or ambulance society mainly in connection with
preserving human life, or transporting persons for the purpose of medical or
surgical treatment.
[Parts]
99(2)
Ambulances for use by a hospital.
[Parts]