Taxation Laws Amendment Act (No. 3) 1994 (138 of 1994)

Part 4   AMENDMENT OF THE SALES TAX LAW

Division 6   Amendments relating to regional headquarters

152   Schedule 1

Schedule 1 to the Principal Act is amended:

(a) by inserting after Item 38 of the Table of Contents the following Item in Sub-Chapter 1.5 of Chapter 1:
          

"38A. Computer related equipment for RHQ company";

(b) by inserting after Item 38 the following Item in Sub-Chapter 1.5 of Chapter 1:
          

"Item 38A: (Computer related equipment for RHQ company) (1) Imported goods, being computer related equipment for use by an RHQ company mainly in providing regional headquarters support, if:

(a) at all times during the 9 months before the local entry, the goods:

(i) were in existence; and

(ii) were owned or leased by:

(A) the RHQ company; or

(B) a company ('the RHQ group company') that, at the time of the local entry, was a group company in relation to the RHQ company; or

(C) a company that is a group company in relation to the RHQ group company; and

(iii) were not leased or subleased to a person who is not covered by subparagraph (ii); and

(b) the goods are locally entered within 2 years after the day on which the first goods covered by this Item that are for use by the RHQ company are locally entered.

(2) In this Item:

'computer equipment' includes:

(a) equipment for networking computers; or

(b) equipment mainly used in communications between computers; or

(c) monitors;

'computer related equipment' means:

(a) computer equipment; or

(b) equipment mainly used for producing, supplying, monitoring or regulating power for computer equipment; or

(c) equipment mainly used for controlling the temperature in the area where equipment covered by paragraph (a) or (b) is situated;

'provide regional headquarters support' has the same meaning as in Subdivision CB of Division 3 of Part III of the Income Tax Assessment Act 1936;

'RHQ company' means:

(a) an RHQ company within the meaning of Subdivision CB of Division 3 of Part III of the Income Tax Assessment Act 1936; or

(b) a transitional RHQ company within the meaning of subsection 154(4) of the Taxation Laws Amendment Act (No. 3) 1994.".