A New Tax System (Luxury Car Tax) Regulations 2000

Administered by Department of the Treasury

Legislation au F2000B00120 Regulations Not in force Legislative Instrument

Legislation content

A New Tax System (Luxury Car Tax) Regulations 2000

Statutory Rules 2000 No. 112 as amended

made under the

A New Tax System (Luxury Car Tax) Act 1999

This compilation was prepared on 1 December 2008
taking into account amendments up to SLI 2008 No. 239

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Definition 

 251.01 Meaning of luxury car — emergency vehicles

 271.01 Meaning of refundeligible car

 271.02 Meaning of tourist activity

Schedule 1 Emergency vehicles 

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the A New Tax System (Luxury Car Tax) Regulations 2000.

2 Commencement [see Note 1]

  These Regulations commence on the commencement of the
A New Tax System (Luxury Car Tax) Act 1999.

3 Definition

  In these Regulations:

Act means the A New Tax System (Luxury Car Tax) Act 1999.

25‑1.01 Meaning of luxury car — emergency vehicles

  For paragraph 251 (2) (a) of the Act, a vehicle is an emergency vehicle if the vehicle:

 (a) is mentioned, or is in a class of vehicles that is mentioned, in one or more of the items in Schedule 1; and

 (b) is the subject of a statement, in the approved form:

 (i) given to the supplier of the vehicle by the person to whom the vehicle is supplied; and

 (ii) given at the time that the vehicle is supplied; and

 (iii) to the effect that the vehicle is to be used only as an emergency vehicle of the kind described in the statement.

27‑1.01 Meaning of refund‑eligible car

 (1) For the definition of refundeligible car in section 271 of the Act, a car is a refundeligible car if it is a 4 wheel drive, or all wheel drive, car that is:

 (a) in the category described as ‘passenger car (MA)’ in clause 4.3.1 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 and has a ground clearance of not less than 175 mm; or

 (b) in the category described as ‘offroad passenger vehicle (MC)’ in clause 4.3.3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005.

 (2) In this regulation:

ground clearance has the same meaning as in clause 3 of the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005.

27‑1.02 Meaning of tourist activity 

 (1) For the definition of tourist activity in section 271 of the Act, a tourist activity means an activity that:

 (a) is a leisure activity; and

 (b) is of a touring nature; and

 (c) does not involve the transporting of passengers:

 (i) by taxi or limousine for fares; or

 (ii) by a hire car service.

 (2) In this regulation:

leisure activity includes an activity involving a visit by a tourist to a site of scenic beauty, cultural interest, environmental interest, historical interest or recreational interest.

 

Schedule 1 Emergency vehicles

(regulation 251.01)

 

Item

Emergency vehicle

1

A vehicle that is registered in a State or Territory as an emergency vehicle

2

An ambulance

3

A mobile intensive care ambulance (MICA), or similar vehicle, that is:

(a) fitted with a siren and flashing warning lights; and

(b) used to transport paramedics and equipment to the site of an accident

4

A firefighting vehicle that:

(a) is designed, permanently fitted out and equipped for the purpose of fighting and preventing fires; and

(b) has external markings that identify it as a firefighting vehicle

5

A police vehicle that is equipped with a siren and flashing warning lights

6

An emergency response or search and rescue vehicle that:

(a) is designed and permanently fitted out for the purpose of emergency response or search and rescue operations; and

(b) has external markings that identify it as a vehicle of that kind

7

A vehicle that:

(a) is designed and permanently fitted out for the purpose of responding to and dealing with an environmental emergency; and

(b) has external markings that identify it as a vehicle of that kind

8

An ambulance, or similar vehicle, that is specially equipped for carrying sick or wounded animals

9

A vehicle that is acquired for immediate modification or conversion into a vehicle mentioned in another item of this Schedule before its first use as a vehicle

 

Notes to the A New Tax System (Luxury Car Tax) Regulations 2000

Note 1

The A New Tax System (Luxury Car Tax) Regulations 2000 (in force under the A New Tax System (Luxury Car Tax) Act 1999) as shown in this compilation comprise Statutory Rules 2000 No. 112 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all nonexempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2000 No. 112

15 June 2000

1 July 2000 (see r. 2)

 

2008 No. 239

28 Nov 2008 (see F2008L04529)

1 July 2008

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 27-1.01.............

ad. 2008 No. 239

R. 27-1.02.............

ad. 2008 No. 239

 

Overview

The A New Tax System (Luxury Car Tax) Regulations 2000 were enacted to provide detailed rules and definitions under the A New Tax System (Luxury Car Tax) Act 1999, which was introduced to address the gap in taxation of luxury cars. The regulations were made under the authority of the Act and were intended to assist in the administration of the luxury car tax by defining terms such as "luxury car," "refund-eligible car," and "tourist activity." These regulations, which came into force on 1 July 2000, aim to ensure that the luxury car tax is correctly applied by clarifying what constitutes an emergency vehicle, a refund-eligible car, and a tourist activity. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra, and have been amended over the years to reflect changes in the legislative landscape and to refine the definitions and application of the luxury car tax.

Scope and Application

The A New Tax System (Luxury Car Tax) Regulations 2000, made under the A New Tax System (Luxury Car Tax) Act 1999, apply to vehicles and entities involved in the supply and acquisition of luxury cars within Australia. These regulations set forth the criteria for determining whether a vehicle qualifies as a luxury car, which in turn determines the applicability of the luxury car tax. The scope of these regulations encompasses various types of vehicles, including those used for emergency purposes, and defines specific categories of cars that are subject to tax. The regulations also establish criteria for refund eligibility and outline the meaning of a tourist activity, which is relevant for certain exemptions. Geographically, these regulations apply nationally across Australia, impacting both state and territory jurisdictions. While the regulations apply broadly, certain vehicles, such as those specified in Schedule 1 as emergency vehicles, are exempt from the luxury car tax provided they meet certain conditions and are accompanied by an approved statement. Additionally, subordinate instruments can extend or restrict the application of these regulations.

Key Provisions

The A New Tax System (Luxury Car Tax) Regulations 2000 (the Regulations) are subsidiary legislation made under the A New Tax System (Luxury Car Tax) Act 1999. They provide further detail and operational guidance on the implementation of the Luxury Car Tax, which is a tax on luxury cars in Australia. The Regulations came into force on 1 July 2000, with subsequent amendments made in 2008. The primary focus of the Regulations is to define specific terms and categories that are crucial for the application of the Luxury Car Tax. Section 25-1.01 defines what constitutes an emergency vehicle for the purposes of exemption from the Luxury Car Tax. This definition includes vehicles such as ambulances, firefighting vehicles, police vehicles, and emergency response vehicles, provided they meet certain criteria such as being registered or specially equipped for emergency services and having appropriate markings. Section 27-1.01 and 27-1.02 define terms such as "refund-eligible car" and "tourist activity." A refund-eligible car is specified as a four-wheel or all-wheel drive car that falls within certain vehicle categories and ground clearance specifications. A tourist activity is defined as a leisure activity of a touring nature that does not involve transporting passengers by taxi, limousine, or hire car service. The Regulations impose several obligations on entities and individuals. Suppliers of vehicles must ensure that the vehicles supplied are correctly classified and, where applicable, accompanied by the necessary statements affirming their intended use, such as for emergency services. Buyers of vehicles must provide the appropriate statements to suppliers to claim exemptions, such as for emergency vehicles. The Regulations also require that vehicles that qualify for certain exemptions or refunds meet specific criteria, such as vehicle category and ground clearance for refund-eligible cars. Breach of the Regulations can lead to civil and criminal penalties. Although the specific penalties are not detailed within the Regulations themselves, they are generally aligned with the penalties set out in the primary Act. The A New Tax System (Luxury Car Tax) Act 1999 provides for penalties for non-compliance, including fines and, in some cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the breach but may include substantial fines for both individuals and corporations, as well as potential criminal charges for deliberate or repeated non-compliance.

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