House of Representatives

Customs Tariff Amendment (Schedule 4) Bill 2012

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Jason Clare MP)

Schedule 2 - Consequential amendments

Part 1 - Amendments

The Schedule 4 Bill will result in a re-numbering of the items in Schedule 4. As the A New Tax System ( Goods and Services Tax ) Act 1999 , the A New Tax System ( Wine Equalisation Tax ) Act 1999 and the A New Tax System ( Luxury Car Tax ) Act 1999 all refer to existing items in Schedule 4, the Schedule 4 Bill contains, in Schedule 2, consequential amendments to those acts to update those references.

Amendments to the A New Tax System ( Goods and Services Tax ) Act 1999

Subsection 42-5 of the A New Tax System ( Goods and Services Tax ) Act 1999 lists goods that are non-taxable importations, by reference to items in Schedule 4 of the Customs Tariff Act. Amendment 1 of Part 1 of Schedule 2 will omit references to items 4, 8, 15, 18A, 18B, 18C, 21, 21A, 23A, 23B, 24, 25A, 25B, 25C, 32A, 32B, 33A, 33B and 64 and substitute items 4, 10, 11, 15, 18, 21, 21A, 23, 24, 25, 26 or 27, in paragraph (1) of subsection 42-5.

Amendment 2 will omit the reference to item 34 in paragraph (1A), relating to non-taxable importations covered by item 34 of Schedule 4. This reference is replaced with a reference to the replacement item 22.

Amendment 3 will omit references to items 1A, 1B, 1C, 1D, 1E, 5, 6, 9 and 16 in paragraph 42-5(1C)(a) (non-taxable importations specified by reference to items in Schedule 4 and regulations), and substitute items 1, 3, 7, 12, 13 and 29.

Amendments to the A New Tax System ( Luxury Car Tax ) Act 1999

Subsection 7-10, paragraph (3)(c) of the A New Tax System ( Luxury Car Tax ) Act 1999 lists goods for which luxury car tax is not payable, when goods are covered by certain items in Schedule 4 of the Customs Tariff Act. Amendment 4 of Part 1 of Schedule 2 will omit references to items 4, 8, 15, 18A, 18B, 18C, 21 and 24 and substitute items 10, 11, 15, 18, 21 and 24.

Amendments to the A New Tax System ( Wine Equalisation Tax ) Act 1999

Subsection 7-15(1) of the A New Tax System ( Wine Equalisation Tax ) Act 1999 lists goods for which the wine equalisation tax is not payable, when goods are covered by certain items in Schedule 4 of the Customs Tariff Act. Amendment 5 of Part 1 of Schedule 2 will omit references to items 4, 8, 15, 18A, 18B, 18C, 21, 21A, 24 and 33B and substitute items 10, 11, 15, 18, 21, 21A, 24 and 27.

Part 2 - Application provision

The amendments made by this Schedule apply in relation to importations that occur on or after the commencement of this Schedule.


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