A New Tax System (Goods and Services Tax) Act 1999
Note:
The special rules in this Part mainly modify the operation of Part 2-2 so far as that Part deals with liability for GST and entitlement to input tax credits, but the special rules also affect other aspects of Part 2-2 and the other Parts of Chapter 2 .
Division 51 - GST joint venturesAct No 74 of 2010, s 3 and Sch 1 item 44 contains the following transitional provisions:
then, on the date of effect specified in the application: then: then, on and after that commencement, the joint venture is taken to continue in existence as if: then: then, on the date of effect specified in the application, the GST joint venture is taken to be dissolved as if the Commissioner has been notified, in accordance with section
51-70
of that Act as amended, that the action referred to in paragraph
51-70(1)(d)
of that Act as so amended has been taken. then:
44 Transitional provisions for GST joint ventures
GST joint ventures in existence before commencement
(1)
Subject to subitems (5) to (8), on the commencement of this item
[
28 June 2010]:
(a)
a GST joint venture that existed immediately before that commencement is taken to continue in existence as if:
(i)
it had been formed, and its formation had been notified to the Commissioner, in accordance with section
51-5
of the
A New Tax System (Goods and Services Tax) Act 1999
as amended; and
(ii)
its formation took effect immediately after that commencement; and
(b)
the entities that were participants in the joint venture immediately before that commencement are taken, immediately after that commencement, to continue to be the participants in the joint venture; and
(c)
the entity that was the joint venture operator of the joint venture immediately before that commencement is taken, immediately after that commencement, to continue to be the joint venture operator of the joint venture.
GST joint ventures approved, but not in existence, before commencement
(2)
If, before the commencement of this item
[
28 June 2010], the Commissioner approved 2 or more entities as a GST joint venture but the approval did not take effect before that commencement, then, on the date of effect decided by the Commissioner under section
51-85
of the
A New Tax System (Goods and Services Tax) Act 1999
:
(a)
the joint venture is taken to have been formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
51-5
of that Act as amended; and
(b)
the entities that jointly applied for that approval are taken to be the participants in the joint venture; and
(c)
the entity that was nominated in the application to be the joint venture operator of the joint venture is taken to be the joint venture operator of the joint venture.
GST joint ventures applied for, but not approved, before commencement
(3)
If:
(a)
before the commencement of this item
[
28 June 2010], 2 or more entities applied, in accordance with section
51-5
of the
A New Tax System (Goods and Services Tax) Act 1999
, for approval of a GST joint venture; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of approval of the joint venture, a date occurring before the date of that commencement; and
(c)
the Commissioner did not approve the joint venture as a GST joint venture, and did not refuse the application, before that commencement;
(d)
the joint venture is taken to be formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
51-5
of that Act as amended; and
(e)
the entities that jointly applied for that approval are taken to be the participants in the joint venture; and
(f)
the entity that was nominated in the application to be the joint venture operator of the joint venture is taken to be the joint venture operator of the joint venture.
(4)
If:
(a)
before the commencement of this item
[
28 June 2010], 2 or more entities applied, in accordance with section
51-5
of the
A New Tax System (Goods and Services Tax) Act 1999
, for approval of a GST joint venture; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of approval of the joint venture, a date occurring before the date of that commencement; and
(c)
the Commissioner did not approve the joint venture as a GST joint venture, and did not refuse the application, before that commencement;
(d)
an application is taken to have been made to the Commissioner, under section
51-75
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the formation of the GST joint venture took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day:
(i)
the joint venture is taken to have been formed, and its formation is taken to have been notified to the Commissioner, in accordance with section
51-5
of that Act as so amended; and
(ii)
the entities that jointly applied for approval of the joint venture are taken to be the participants in the joint venture; and
(iii)
the entity that was nominated, in the application for approval of the joint venture, to be the joint venture operator of the joint venture is taken to be the joint venture operator of the joint venture.
Changes to participation etc. in GST joint ventures applied for, but not approved, before commencement
(5)
If:
(a)
before the commencement of this item
[
28 June 2010], the joint venture operator of a GST joint venture applied, in accordance with section
51-70
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to:
(i)
approve another entity as an additional participant in the joint venture; or
(ii)
revoke the approval of one of the participants in the joint venture as a participant in the joint venture; or
(iii)
approve another entity that satisfies the requirements of paragraphs
51-10(c) and (f)
of that Act as the joint venture operator of the joint venture; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of the approval or revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner:
(i)
did not give the approval, or revoke the approval, as requested in the application; and
before that commencement;
(ii)
did not refuse the application;
(d)
the Commissioner has been notified, in accordance with section
51-70
of that Act as amended, that the corresponding action referred to in paragraph
51-70(1)(a), (b) or (c)
of that Act as so amended has been taken; and
(e)
the action took effect on the date of effect specified in the application.
(6)
If:
(a)
before the commencement of this item
[
28 June 2010], the joint venture operator of a GST joint venture applied, in accordance with section
51-70
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to:
(i)
approve another entity as an additional participant in the joint venture; or
(ii)
revoke the approval of one of the participants in the joint venture as a participant in the joint venture; or
(iii)
approve another entity that satisfies the requirements of paragraphs
51-10(c) and (f)
of that Act as the joint venture operator of the joint venture; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of the approval or revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner:
(i)
did not give the approval, or revoke the approval, as requested in the application; and
before that commencement;
(ii)
did not refuse the application;
(d)
an application is taken to have been made to the Commissioner, under section
51-75
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the approval or revocation took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day, the joint venture is taken to continue in existence as if:
(i)
the Commissioner has been notified, in accordance with section
51-70
of that Act as so amended, that the corresponding action referred to in paragraph
51-70(1)(a), (b) or (c)
of that Act as so amended has been taken; and
(ii)
the action took effect on that day.
Revocation of approval of GST joint ventures applied for, but revocation not approved, before commencement
(7)
If:
(a)
before the commencement of this item
[
28 June 2010], the joint venture operator of a GST joint venture applied, in accordance with section
51-75
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to revoke the approval of the joint venture as a GST joint venture; and
(b)
the application did not contain a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of the revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner did not revoke the approval as requested in the application, and did not refuse the application, before that commencement;
(8)
If:
(a)
before the commencement of this item
[
28 June 2010], the joint venture operator of a GST joint venture applied, in accordance with section
51-75
of the
A New Tax System (Goods and Services Tax) Act 1999
, for the Commissioner to revoke the approval of the joint venture as a GST joint venture; and
(b)
the application contained a request (however described) for the Commissioner to decide under section
51-85
of that Act, as a date of effect of the revocation, a date occurring before the date of that commencement; and
(c)
the Commissioner did not revoke the approval as requested in the application, and did not refuse the application, before that commencement;
(d)
an application is taken to have been made to the Commissioner, under section
51-75
of that Act as amended, for the Commissioner to approve that date of effect as the day on which the revocation took effect; and
(e)
if the Commissioner decides, under that section as so amended, to approve that day or another day
-
then, on that day or on that other day, the joint venture is taken to be dissolved as if:
(i)
the Commissioner has been notified, in accordance with section
51-70
of that Act as amended, that the action referred to in paragraph
51-70(1)(d)
of that Act as so amended has been taken; and
(ii)
the action took effect on that day.
View history note
Hide history noteTwo or more entities may become the * participants in a * GST joint venture if:
(a) the joint venture is a joint venture for the exploration or exploitation of * mineral deposits , or for a purpose specified in the regulations; and
(b) the joint venture is not a * partnership ; and
(c) (Repealed by No 74 of 2010)
(d) each of those entities * satisfies the participation requirements for that GST joint venture; and
(e) each of those entities agrees in writing to the *formation of the joint venture as a GST joint venture; and
(ea) one of those entities, or another entity, is nominated, in that agreement, to be the *joint venture operator of the joint venture; and
(eb) the nominated joint venture operator notifies the Commissioner, in the *approved form , of the formation of the joint venture as a GST joint venture; and
(f) if the nominated joint venture operator is not a party to the joint venture agreement - the nominated joint venture operator satisfies the requirements of paragraphs 51-10(c) and (f) .
Such a joint venture is a GST joint venture .
(2)
Not all of the entities that are engaged in, or intend to engage in, the joint venture need to become *participants in the *GST joint venture .
(3)
The *formation of the *GST joint venture takes effect from the start of the day specified in the notice under paragraph (1)(eb) (whether that day is before, on or after the day on which the entities decided to form the joint venture).
(4)
However, if the notice was given to the Commissioner after the day by which the entity nominated to be the *joint venture operator of the *GST joint venture is required to give to the Commissioner a *GST return for the tax period in which the day specified in the notice occurs, the *formation of the GST joint venture takes effect from the start of:
(a) the day specified in the notice, if that day is approved by the Commissioner under section 51-75 ; and
(b) if paragraph (a) does not apply - such other day as the Commissioner approves under that section.
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