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INDIRECT TAX LEGISLATION AMENDMENT ACT 2000 NO. 92, 2000 - SCHEDULE 9

- Administration

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

1 Paragraph 31-15(1)(d)

Omit "section 31-30", substitute "section 388-75 in Schedule 1 to the Taxation Administration Act 1953 ".

2 At the end of subsection 31-25(1)

Add:

Note: Section 388-75 in Schedule 1 to the Taxation Administration Act 1953 deals with signing returns.

3 Subsection 31-25(2)

Omit "unless the Commissioner is satisfied that it is not practicable for you to lodge your returns electronically", substitute "unless the Commissioner otherwise approves".

4 Subsection 31-25(2) (note 2)

Omit "288-5", substitute "388-80".

5 Section 31-30

Repeal the section.

6 Subsection 33-10(2) (note 2)

Omit "288-15 in that Schedule", substitute "8AAZMA in that Act".

7 After section 35-5

Insert:

35-10 When entitlement arises

Your entitlement to be paid an amount under section 35-5 arises when you give the Commissioner a * GST return under section 31-5 or 31-20.

8 Section 165-80

Repeal the section.

9 Section 195-1 (definition of approved form )

Repeal the definition, substitute:

approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953 .

10 Section 195-1 (definition of electronic signature )

Repeal the definition, substitute:

electronic signature has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

11 Section 195-1 (definition of GST return )

Omit ", 31-25 and 31-30", substitute "and 31-25 of this Act and section 388-75 in Schedule 1 to the Taxation Administration Act 1953 ".

Taxation Administration Act 1953

12 Section 8AAZA

Insert:

RBA group means a GST group under Division 48 of the A New Tax System (Goods and Services Tax) Act 1999 .

13 Subsection 8AAZLA(1)

After "the entity", insert "or, if the entity is a member of an RBA group, to an RBA of another member of the group".

14 Subsection 8AAZLB(1)

After "the entity", insert "or, if the entity is a member of an RBA group, against a non-RBA tax debt of another member of the group".

15 Sections 42 to 46

Repeal the sections.

16 After section 288-35 in Schedule 1

Insert:

288-40 Penalty for failing to register or cancel registration

You are liable to an administrative penalty of 20 penalty units if you fail to apply for registration, or to apply for cancellation of registration, as required by the * GST Act.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

288-45 Penalty for failing to issue tax invoice or adjustment note

(1)
You are liable to an administrative penalty of 20 penalty units if you fail to issue a tax invoice as required by section 29-70 of the * GST Act.

(2)
You are liable to an administrative penalty of 20 penalty units if you fail to issue an adjustment note as required by section 29-75 of the * GST Act.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

288-50 Penalty for both principal and agent issuing certain documents

An entity is liable to an administrative penalty of 20 penalty units if both the entity and its agent issue:

(a)
separate tax invoices relating to the same taxable supply, contrary to subsection 153-15(2) of the * GST Act; or

(b)
separate adjustment notes for the same decreasing adjustment, contrary to subsection 153-20(2) of that Act.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Taxation (Interest on Overpayments and Early Payments) Act 1983

17 Subsection 3(1) (at the end of the definition of relevant tax )

Add:

; or (o) GST assessed under the A New Tax System (Goods and Services Tax) Act 1999 .

18 Application of amendments

(1) Subject to this item, the amendments made by this Schedule apply to things done on or after 1 July 2000.
(2) Those amendments do not apply to a return, statement, notice or other document, or a statement made or scheme entered into, in relation to the year starting on 1 July 1999 or an earlier year.



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