A New Tax System (Goods and Services Tax) Act 1999

Chapter 5 - Miscellaneous

Part 5-1 - Miscellaneous

Division 177 - Miscellaneous

177-12 GST implications of references to price, value etc. in other Acts

(1)
In any Act, unless the contrary intention appears, a reference to a * price relating to a supply, or proposed supply, is taken to include the * net GST (if any) that is, or would be, payable by an entity making the supply.

(2)
Subsection (1) applies in relation to:

(a) any fee or charge made, or required to be made; or

(b) any * consideration provided, or required to be provided;

for or in connection with the supply in the same way that it applies to a * price relating to a supply.

(3)
In any Act, unless the contrary intention appears, a reference to the value relating to a thing is taken not to include the GST (if any) that would be payable if an entity were to make a supply of the thing.

(4)
This section does not apply to:

(a) this Act; or

(b) the * ITAA 1997 ; or

View history reference

(c) the * Wine Tax Act ; or

View history reference

(d) the A New Tax System (Luxury Car Tax) Act 1999 ; or

(e) Schedule 1 to the Taxation Administration Act 1953 ; or

(f) the Income Tax Assessment Act 1936 ; or

(g) the Fringe Benefits Tax Assessment Act 1986 ; or

(h) the Petroleum Resource Rent Tax Assessment Act 1987 .

View history reference

(i) (Repealed by No 96 of 2014)

View history reference

View history note

History

S 177-12(4) amended by No 96 of 2014, s 3 and Sch 1 items 7 and 8, by substituting " 1987 . " for " 1987 ; or " in para (h) and repealing para (i), effective 30 September 2014. No 96 of 2014, s 3 and Sch 1 items 122 - 124 contain the following transitional provisions:

Part 3 - Transitional provisions
122 Objects
122
The objects of this Part are:

(a) to provide for the winding-up of the minerals resource rent tax; and

(b) to ensure the administration, collection and recovery of the minerals resource rent tax for the MRRT years ending on or before the day this Schedule commences; and

(c) to continue taxpayers ' rights and obligations relating to MRRT years ending before that commencement. 123 Effect of repeals and amendments on preceding MRRT years
123(1)
Despite the repeals and amendments made by this Schedule, the Acts amended or repealed continue to apply, after the commencement of this Schedule, in relation to any MRRT year ending on or before the day this Schedule commences as if those repeals and amendments had not happened.

123(2)
For the purposes of that continued application, any MRRT year that:

(a) started before the commencement of this Schedule; and

(b) would, apart from this subitem, end on or after that commencement;
is taken to end on the day this Schedule commences.

123(3)
To avoid doubt, for the purposes of that continued application, section 190-20 of the Minerals Resource Rent Tax Act 2012 applies in relation to an MRRT year referred to in subitem (2) whether or not the MRRT year is an accounting period referred to in section 190-10 of that Act.
Note 1:

Section 190-20 of the Minerals Resource Rent Tax Act 2012 (to the extent that it continues to apply because of this item) will adjust threshold amounts under that Act in relation to the final MRRT year.

Note 2:

Subsection 115-110(2) in Schedule 1 to the Taxation Administration Act 1953 (to the extent that it continues to apply because of this item) will adjust instalment quarters under that Act in relation to the final MRRT year.

124 Continuation of Commissioner ' s power to make certain legislative instruments
124(1)
Despite the repeal by this Act of section 117-5 in Schedule 1 to the Taxation Administration Act 1953 , the Commissioner ' s power under subsection 117-5(5) in that Schedule to make legislative instruments continues after that repeal.

124(2)
This item does not affect any other powers of the Commissioner under Schedule 1 to the Taxation Administration Act 1953 , as it continues to apply because of item 123 of this Schedule.

Para (i) formerly read:

(i) the Minerals Resource Rent Tax Act 2012 .

S 177-12(4) amended by No 14 of 2012, s 3 and Sch 3 item 2, by inserting para (i), effective 1 July 2012.

S 177-12(4) amended by No 39 of 2012, s 3 and Sch 4 item 8, by substituting " *Wine Tax Act " for " A New Tax System (Wine Equalisation Tax) Act 1999 " in para (c), effective 15 April 2012.

S 177-12(4) amended by No 12 of 2012, s 3 and Sch 6 item 70, by substituting " *ITAA 1997 " for " Income Tax Assessment Act 1997 " in para (b), effective 21 March 2012.

S 177-12 inserted by No 177 of 1999, s 3 and Sch 1 item 116, effective 1 July 2000.

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