SALES TAX ASSESSMENT ACT 1992 (Repealed)

PART 7A - ADDITIONAL REQUIREMENTS FOR DEALINGS WITH CERTAIN GOODS

Division 2 - Accreditation

SECTION 91G (Repealed by 101 of 2006)   REQUIREMENTS FOR ACCREDITATION  

91G(1)  [Nine requirements must be satisfied]  

To be accredited, a person must satisfy all of the following requirements other than those that the Commissioner exempts the person from satisfying.

91G(2)  [Business premises]  

The first requirement is that the person must have conducted the business activities in respect of which accreditation has been sought at or from established premises that were advertised to the public as being premises from which the business was carried on.

91G(3)  [Tax file number]  

The second requirement is that the person must have a tax file number and must have quoted that tax file number in relation to each account maintained by the person for business purposes with a financial institution.

91G(4)  [Separate bank accounts]  

The third requirement is that, if the person is an individual, the person must conduct all financial transactions relating to the business through a bank account that is, or bank accounts that are, separate from any private or domestic account maintained by the person.

91G(5)  [Satisfactory compliance with tax Acts]  

The fourth requirement is that the person, and each person who is relevant to the person's application, must have satisfactorily complied with his or her obligations under Acts administered by the Commissioner for the period of 3 years before the date of the application.

91G(6)  [Record-keeping]  

The fifth requirement is that the person must have maintained records in English in relation to the period of 3 years before the date of the application including details of purchases and sales of goods, the names of suppliers and customers, details of purchases and sales in relation to which sales tax was not paid and details of credits claimed. The records must be located in Australia and may be kept and retained in written or electronic form.

91G(7)  [Residency]  

The sixth requirement is that:

(a)  if the person is an individual - the person; or

(b)  if the person is a company - at least one director of the company; or

(c)  if the person is a trust - the trustee of the trust; or

(d)  if the person is a partnership - at least one partner in the partnership;

is an Australian citizen or is the holder of a permanent visa (within the meaning of the Migration Act 1958).

91G(8)  [Convictions]  

The seventh requirement is that, in the period of 3 years before the date of the application:

(a)  the person has not, whether in Australia or another country, been convicted of any offence, or been subject to any penalty, in relation to taxation requirements, customs requirements, the misdescription of goods, trade practices, fair trading or the defrauding of a government; or

(b)  if the person is not an individual - no person who is relevant to the person's application, whether in Australia or another country, has been convicted of any offence, or been subject to any penalty, in relation to taxation requirements, customs requirements, the misdescription of goods, trade practices, fair trading or the defrauding of a government.

91G(9)  [Accreditation refused or revoked]  

The eighth requirement is that:

(a)  the person has not been refused accreditation or had his or her accreditation revoked in the previous 3 years; or

(b)  if the person is not an individual - no person who is relevant to the person's application has been refused accreditation or had his or her accreditation revoked in the previous 3 years.

91G(10)  [A person relevant to an application]  

The ninth requirement is that:

(a)  the person has not, in the previous 3 years, been a person who is relevant to another person's application at a time when the other person's application did not satisfy the previous eight requirements; or

(b)  if the person is not an individual - no person who is relevant to the person's application has, in the previous 3 years, been a person who is relevant to another person's application at a time when the other person's application did not satisfy the previous eight requirements.

91G(11)  [Definition of ``bank'']  

In this section:

``bank'' includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.