A New Tax System (Goods and Services Tax) Amendment Regulations 2010 (No. 2) (Cth)

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A New Tax System (Goods and Services Tax) Amendment Regulations 2010 (No. 2)1

Select Legislative Instrument 2010 No. 207

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the A New Tax System (Goods and Services Tax) Act 1999.

Dated 8 July 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICK SHERRY

Assistant Treasurer

1Name of Regulations

These Regulations are the A New Tax System (Goods and Services Tax) Amendment Regulations 2010 (No. 2).

2Commencement

These Regulations are taken to have commenced on 1 July 2010.

3Amendment of A New Tax System (Goods and Services Tax) Regulations 1999

Schedule 1 amends the A New Tax System (Goods and Services Tax) Regulations 1999.

Schedule 1Amendments

(regulation 3)

[1]Regulation 168-5.01

omit

paragraph 168-5 (1) (b)

insert

paragraphs 168-5 (1) (b) and (1A) (b)

[2]Regulation 168-5.06

omit

paragraph 168-5 (1) (c)

insert

paragraphs 168-5 (1) (c) and (1A) (e)

[3]After Subdivision 168-3

insert

Subdivision 168-3AExport by resident of an external Territory as unaccompanied baggage

168-5.10AExport of goods to an external Territory

For paragraph 168-5 (1A) (e) of the Act, this Subdivision sets out the circumstances in which an acquirer must export goods to an external Territory, as unaccompanied baggage, for the purposes of being paid a refund of GST.

168-5.10BTime of export

The goods must be exported within 60 days after the day on which they were acquired.

168-5.10CVerification of export

  1. (1)

    The acquirer must present to an officer of Customs, on request:

    1. (a)

      the tax invoice relating to the goods; and

    2. (b)

      documentary evidence that the acquirer is an individual to whom paragraph 168-5 (1A) (c) of the Act applies; and

    3. (c)

      documentary evidence that:

      1. (i)

        the goods have been exported to an external Territory; or

      2. (ii)

        arrangements have been made for the exportation of the goods to an external Territory within 60 days after the day on which the goods were acquired.

  2. (2)

    The acquirer must present the tax invoice and evidence at a TRS verification facility when leaving for an external Territory.

  3. (3)

    If the acquirer presents the evidence mentioned in subparagraph (1) (c) (ii), documentary evidence that the goods have been exported to an external Territory as described in that subparagraph must be given to the Chief Executive Officer of Customs within 90 days after the day on which the goods were acquired.

[4]Subregulation 168-5.11 (1)

omit

paragraph 168-5 (1) (e)

insert

paragraphs 168-5 (1) (e) and (1A) (g)

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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