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National Taxation Reform (Commonwealth-State Relations) Act 1999

An Act to approve and ratify an agreement with respect to the reform of Commonwealth-State financial relations and provide for other matters

[Royal Assent 15 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title

This Act may be cited as the National Taxation Reform (Commonwealth-State Relations) Act 1999 .

2. Commencement

(1) Parts 1 , 2 and 3 , sections 10 and 11 and Schedule 1 commence on the day on which this Act receives the Royal Assent.

(2) Section 18 commences on 1 July 2001.

(3) The remaining provisions of this Act commence on 1 July 2000.

PART 2 - Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations

3. Interpretation: Part 2

In this Part,
Agreement means the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations, a copy of which is set out in Schedule 1 .

4. Approval of Agreement

The Agreement is approved.

5. Implementation of Agreement

The Minister is to use his or her best endeavours to meet the State's commitments under the Agreement and is authorised and empowered to do anything necessary for that purpose.

PART 3 - Liability for payment of Goods and Services Tax

6. Interpretation: Part 3

In this Part –
goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
GST Imposition Acts means –
(a) A New Tax System (Goods and Services Tax Imposition - Customs) Act 1999 of the Commonwealth; and
(b) A New Tax System (Goods and Services Tax Imposition - Excise) Act 1999 of the Commonwealth; and
(c) A New Tax System (Goods and Services Tax Imposition - General) Act 1999 of the Commonwealth;
GST law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
State entity means a person that is not liable for goods and services tax that it would be liable for if –
(a) the imposition of that goods and services tax were not prevented by section 114 of the Commonwealth Constitution; and
(b) section 5 of each of the GST Imposition Acts had not been enacted.

7. State entity compliance with goods and services tax

A State entity is required to comply with the GST law as if –
(a) the imposition of goods and services tax were not prevented by section 114 of the Commonwealth Constitution; and
(b) section 5 of each of the GST Imposition Acts had not been enacted.

PART 4 - Miscellaneous

8. Interpretation: Part 4

In this Part,
Commissioner has the same meaning as in the Taxation Administration Act 1997 .

9. Recovery of liability

(1) Notwithstanding sections 12 to 17, the Treasurer may recover from a person any sales tax equivalents which relate to a purchase made before 1 July 2000 and that were unpaid at that day.

(2) For the purpose of recovering any sales tax equivalents referred to in subsection (1) , section 73 of the Government Business Enterprises Act 1995 applies as if Division 3 of Part 10 of that Act had not been omitted.

(3) Notwithstanding section 18, the Commissioner may recover from a person any financial institutions duty which relates to a transaction made before 1 July 2001 and that was unpaid at that day.

(4) For the purpose of subsection (3) , the Taxation Administration Act 1997 and the Taxation (Reciprocal Powers) Act 1993 are to be read as if the Financial Institutions Duty Act 1986 had not been repealed.

10. Regulations of a savings or transitional nature

(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) A provision referred to in subsection (1) may, if the regulations so provide, take effect from the commencement of this Act or a later day.

11. Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –
(a) the administration of this Act is assigned to the Treasurer; and
(b) the department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.

PART 5 - Miscellaneous amendments

12. Electricity Companies Act 1997 amended

Section 16 of the Electricity Companies Act 1997 is amended by omitting ", sales tax equivalents".

13. Government Business Enterprises Act 1995 amended

The Government Business Enterprises Act 1995 is amended as follows:
(a) by omitting the definition of "sales tax equivalent" from section 3(1);
(b) by omitting Division 3 from Part 10;
(c) by omitting from section 102(2) ", sales tax equivalent";
(d) by omitting from section 114(2)(h)(i) "sales tax equivalents,";
(e) by omitting from section 114(2)(h)(ii) "sales tax equivalents,".

14. Government Prices Oversight Act 1995 amended

Section 3(1) of the Government Prices Oversight Act 1995 is amended by omitting "or sales tax equivalent," from the definition of tax equivalent .

15. Local Government Act 1993 amended

The Local Government Act 1993 is amended as follows:
(a) by omitting from section 39C(4) ", sales tax equivalents";
(b) by omitting from section 39D(1) ", sales tax equivalents".

16. Metro Tasmania Act 1997 amended

Section 16 of the Metro Tasmania Act 1997 is amended by omitting ", sales tax equivalents".

17. Port Companies Act 1997 amended

Section 21 of the Port Companies Act 1997 is amended by omitting ", sales tax equivalents".

18. Financial Institutions Duty Act 1986 repealed

The Financial Institutions Duty Act 1986 is repealed.

19. Electricity Entities (Contributions) Act 1997 amended

Section 3(1) of the Electricity Entities (Contributions) Act 1997 is amended as follows:
(a) by inserting the following definition after the definition of exempt contract :
goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
(b) by omitting the definition of total revenue and substituting the following definition:
total revenue means the total amount received by a prescribed electricity entity in respect of the retailing of electricity less –
(a) the revenue received which is attributable to the contribution payable; and
(b) the revenue received from exempt contracts less any goods and services tax paid in respect of that revenue; and
(c) the revenue received from the retailing of electricity at a discount rate to persons receiving a Commonwealth pension less any goods and services tax paid in respect of that revenue; and
(d) any goods and services tax paid in respect of the total amount received by a prescribed electricity entity in respect of the retailing of electricity.