Chapter 4
-
The special rules
Part 4-7
-
Special rules mainly about returns, payments and refunds
Note:
The special rules in this Part mainly modify the operation of
Part 2-7
, but they may affect other Parts of
Chapter 2
in minor ways.
Division 171
-
Customs security etc. given on taxable importations
171-5
Security or undertaking given under section 162 or 162A of the Customs Act
(1)
An amount of *
assessed GST
on a *
taxable importation
of goods is not payable if:
(a)
a security or undertaking described in section
162
of the
Customs Act 1901
has been given; and
(b)
the provisions of the regulations mentioned in paragraph
162(3)(a)
of that Act are complied with; and
(c)
either:
(i)
the goods are exported within the relevant period mentioned in paragraph
162(3)(b)
of that Act; or
(ii)
one or more of the circumstances or conditions specified in the regulations mentioned in paragraph
162(3)(b)
of that Act apply in relation to the goods.
Note:
Section
162
of the
Customs Act 1901
allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation.
History
S 171-5(1) amended by No 39 of 2012, s 3 and Sch 1 items 124 and 125, by substituting
"
*assessed GST
"
for
"
GST
"
and
"
assessed GST and assessed luxury car tax
"
for
"
GST and luxury car tax
"
in the note, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012.
S 171-5(1) amended by No 156 of 2000, s 3 and Sch 2 item 10, by substituting para (c), applicable to importations into Australia on or after 1 July 2000. Para (c) formerly read:
(c)
the goods are exported within the relevant period mentioned in paragraph 162(3)(b) of that Act.
S 171-5(1) substituted by No 176 of 1999, s 3 and Sch 1 item 122, effective 1 July 2000. S 171-5(1) formerly read:
(1)
If:
(a)
you make a *taxable importation of goods; and
(b)
a security or undertaking has been given under section 162 or 162A of the
Customs Act 1901
for the payment of *customs duty on the goods;
any amount of GST on the importation is not payable while, under subsection 162(3) or 162A(5) of that Act (as the case requires), customs duty is not payable on the goods.
(1A)
An amount of *assessed GST on a *
taxable importation
of goods is not payable if:
(a)
a security or undertaking described in section
162A
of the
Customs Act 1901
has been given; and
(b)
the goods are not dealt with in contravention of regulations made for the purposes of that section; and
(c)
one or more of the following applies:
(i)
the goods are exported within the relevant period mentioned in paragraph
162A(5)(b)
of that Act;
(ii)
if the goods are described in subsection
162A(5A)
of that Act
-
the goods are exported before the end of the relevant day mentioned in paragraph
162A(5A)(b)
of that Act;
(iii)
one or more of the circumstances or conditions specified in the regulations mentioned in paragraph
162A(5)(b)
of that Act apply in relation to the goods.
Note:
Section
162A
of the
Customs Act 1901
allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation.
History
S 171-5(1A) amended by No 39 of 2012, s 3 and Sch 1 items 126 and 127, by substituting
"
*assessed GST
"
for
"
GST
"
and
"
assessed GST and assessed luxury car tax
"
for
"
GST and luxury car tax
"
in the note, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012.
S 171-5(1A) amended by No 156 of 2000, s 3 and Sch 2 item 11, by substituting para (c), applicable to importations into Australia on or after 1 July 2000. Para (c) formerly read:
(c)
either:
(i)
the goods are exported within the relevant period mentioned in paragraph 162A(5)(b) of that Act; or
(ii)
if the goods are described in subsection 162A(5A)
-
the goods are exported before the end of the relevant day mentioned in paragraph 162A(5A)(b).
S 171-5(1A) inserted by No 176 of 1999, s 3 and Sch 1 item 122, effective 1 July 2000.
(2)
This section has effect despite
section 33-15
(which is about payments of amounts of assessed GST on importations).
History
S 171-5(2) amended by No 39 of 2012, s 3 and Sch 1 item 128, by substituting
"
assessed GST
"
for
"
GST
"
, applicable in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012; and also in relation to payments and refunds that: (a) do not relate to any tax periods or fuel tax return periods; and (b) relate to liabilities or entitlements that arose on or after 1 July 2012.