Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 3) 1994 No. 138 of 1994 - SECT 154

154.(1) The Sales Tax Assessment Act 1992 applies in relation to a
transitional RHQ company dealing as if the following credit ground were added
at the end of Table 3 in Schedule 1 to that Act:

"CR24
Transitional credit for a transitional RHQ company dealing
Claimant has borne tax on a transitional RHQ company dealing
within the meaning of subsection 154(3) of the Taxation Laws 
Amendment Act (No. 3) 1994 .
the tax borne, to the extent that the claimant has not passed
it on
at the commencement of section 154 of the Taxation Laws 
Amendment Act (No. 3) 1994 ".

(2) If a taxpayer is entitled to a credit for a transitional RHQ company
dealing, the reference in paragraph (1)(b) of exemption Item 38A of the
Principal Act as amended by this Division to the day on which the first goods
covered by that Item are locally entered for use by the RHQ company concerned
is a reference to the day on which the first goods that are the subject of a
transitional RHQ company dealing are locally entered for use by that
transitional RHQ company.

(3) A dealing with imported goods is a "transitional RHQ company dealing" if:

   (a)  the goods are computer related equipment for use by a transitional RHQ
        company mainly in providing regional headquarters support; and

   (b)  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 transitional 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 transitional 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

   (c)  the dealing is after 14 December 1993 and before the commencement of
        this section.

(4) The Treasurer may determine that a pre-approved company, or a group
company in relation to a pre-approved company, is a "transitional RHQ
company".

(5) The determination must:

   (a)  specify the day on which the company commences to be a
        transitional RHQ company; and

   (b)  contain any other information as the Treasurer considers appropriate.

(6) A company is a "pre-approved company" if:

   (a)  before 15 December 1993, the Treasurer, or another Minister, agreed in
        writing to provide the company with:

        (i)    a sales tax exemption for equipment; or

        (ii)   compensation for sales tax paid on equipment; where the
               equipment was imported into Australia and was owned by the
               company for at least 9 months before importation; or

   (b)  on or after 15 December 1993, and before the commencement of this
        section, the Treasurer agreed in writing to give the company
        conditional approval as an RHQ company.

(7) Determinations made under subsection (4) are disallowable instruments for
the purposes of section 46A of the Acts Interpretation Act 1901.

(8) In this section, "computer related equipment", "provide regional
headquarters support" and " RHQ company" have the same meaning as in exemption
Item 38A of the Principal Act as amended by this Division.

(9) In this section:

"group company" has the same meaning as in the Principal Act as amended by
this Division.