Public Governance and Resources Legislation Amendment Act (No. 1) 2015 (36 of 2015)

Schedule 1   Public Governance, Performance and Accountability Act 2013

Part 1   Amendments

5   After section 74

Insert:

74A Recoverable GST for non-corporate Commonwealth entities

Recoverable GST on acquisitions

(1) If:

(a) a non-corporate Commonwealth entity makes a payment in relation to an acquisition; and

(b) the payment is made in reliance on an appropriation that is limited as to amount; and

(c) a GST qualifying amount (see subsection (3)) arises for that acquisition;

then the amount of the GST qualifying amount may be credited to the appropriation.

Recoverable GST on importations

(2) If:

(a) a non-corporate Commonwealth entity makes a payment of GST on an importation; and

(b) the payment is made in reliance on an appropriation that is limited as to amount; and

(c) a GST qualifying amount (see subsection (3)) arises for that importation;

then the amount of the GST qualifying amount may be credited to the appropriation.

Meaning of GST qualifying amount

(3) A GST qualifying amount is:

(a) an input tax credit (within the meaning of the GST Act); or

(b) a decreasing adjustment (within the meaning of the GST Act).

When crediting of appropriation takes effect

(4) The crediting of an amount in accordance with subsection (1) or (2) takes effect at the time an entry recording the GST qualifying amount is made in the accounts and records of the non-corporate Commonwealth entity.

Rules about GST arrangements

(5) The rules may prescribe matters relating to GST arrangements for non-corporate Commonwealth entities.


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