Federal Financial Relations (GST Revenue for 2018-19) Determination 2019

Administered by Department of the Treasury

Legislation au F2019N00087 In force Notifiable Instrument

Legislation content

 

Federal Financial Relations (GST Revenue for 201819) Determination 2019

I, Josh Frydenberg, Treasurer, make the following determination.

Dated   8 November 2019

 

Josh Frydenberg

Treasurer

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—GST revenue determination for 2018-19

5  GST revenue for the 201819 payment year

6  Determination of amounts used to calculate GST revenue for the 201819 payment year

 

Part 1—Preliminary

 

1  Name

  This instrument is the Federal Financial Relations (GST Revenue for 2018-19) Determination 2019.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Federal Financial Relations Act 2009.

4  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Federal Financial Relations Act 2009 as in force from time to time.

  In this instrument:

Commissioner means the Commissioner of Taxation.

the Act means the Federal Financial Relations Act 2009.

Part 2—GST revenue determination for 2018-19

 

5  GST revenue for the 2018‑19 payment year

  The GST revenue for the 2018-19 payment year is $65,159,732,000.00.

Note 1: The GST revenue has been calculated in accordance with subsection 6(2) of the Act using the amounts determined under section 6 of this instrument.

Note 2: Under subsection 5(1) of the Act, each State is entitled to a payment, by way of financial assistance, for a payment year, of a portion of the GST revenue determined for that payment year. Each State’s entitlement is calculated in accordance with the formula in subsection 5(1). Applying that formula, each State’s entitlement for 2018-19 is as follows:

 

State

Portion of 2018-19 GST revenue

New South Wales

$17,826,301,588.72

Victoria

$16,683,404,024.95

Queensland

$14,345,198,559.77

Western Australia

$3,192,989,455.20

South Australia

$6,669,886,760.45

Tasmania

$2,433,342,528.86

Australian Capital Territory

$1,296,393,288.26

Northern Territory

$2,712,215,793.79

Total

$65,159,732,000.00

6  Determination of amounts used to calculate GST revenue for the 2018‑19 payment year

 (1) Further to subsection 6(1) of the Act, each item of the following table determines the amount described in the provision specified in the item, for the 2018-19 payment year.

 

Item

Description of the amount being determined

Provision

Determined amount

1

The amount that is the total of the following:

(a) the GST that was collected;

(b) the payments made to the Commissioner representing amounts of GST that would have been payable if the Constitution did not prevent tax from being imposed on property of any kind belonging to a State and section 5 of each of the GST Imposition Acts had not been enacted;

(c) the additional GST that would have been collected if the Commonwealth and Commonwealth entities could be made subject to taxation by a Commonwealth law and section 177-1 of the GST Act made those entities actually liable, rather than notionally liable.

Paragraph 6(3)(a) of the Act

$130,552,963,125.75

2

The amount of general interest charge that was collected to the extent that is attributable to:

(a) unpaid GST; or

(b) unpaid general interest charge payable in respect of unpaid GST.

Paragraph 6(3)(b) of the Act

$305,605,000.00

3

The amount, determined in the manner agreed by the Commonwealth and all the States, that represents amounts of voluntary GST payments that should have, but have not, been paid by local government bodies.

Paragraph 6(3)(c) of the Act

$0.00

 

Sum of items 1, 2 and 3

 

$130,858,568,125.75

4

The amount that is the total of the following, so far as each of them is attributable to GST:

(a) payments under the GST refund provisions;

(b) what was payable under the GST refund provisions and was (rather than being paid directly under those provisions) allocated, applied or refunded in accordance with Part IIB of the Taxation Administration Act 1953.

Subsection 6(4) of the Act

$65,698,836,125.75

 

Sum of items 1, 2 and 3, less item 4

 

$65,159,732,000.00

Note: In determining the amounts set out in each item of this table, adjustments have been made as required by subsection 6(5) of the Act to ensure that the effect that the luxury car tax law and wine equalisation tax law would otherwise have on the amounts of GST, and the amounts attributable to GST, was removed.

Overview

The Federal Financial Relations (GST Revenue for 2018-19) Determination 2019, enacted under the Federal Financial Relations Act 2009, addresses the calculation and distribution of the Goods and Services Tax (GST) revenue for the 2018-19 financial year. This legislation was introduced to provide clarity and precision in the distribution of GST revenue among the states, ensuring compliance with the formula prescribed under the Act for equitable distribution. The Federal Financial Relations (GST Revenue for 2018-19) Determination 2019 was made by Josh Frydenberg, the Treasurer, and aims to accurately determine the GST revenue and the corresponding amounts attributable to each state for the specified payment year. The objective of this determination is to provide a transparent and legally binding framework for the allocation of GST revenue, ensuring that each state receives its entitled share based on the stipulated formula.

Scope and Application

The Federal Financial Relations (GST Revenue for 2018-19) Determination 2019 applies to the calculation and distribution of the Goods and Services Tax (GST) revenue for the financial year 2018-19. This determination is made under the authority of the Federal Financial Relations Act 2009 and concerns the distribution of GST revenue among the states and territories of Australia. Specifically, it determines the amount of GST revenue for the 2018-19 payment year and specifies how each state and territory's share of this revenue is calculated and allocated. The revenue amount has been determined by taking into account various components, including collected GST, payments made to the Commissioner of Taxation, and adjustments to remove the effects of the luxury car tax and wine equalisation tax. The determination also notes that no voluntary GST payments from local government bodies were included as no such amounts were agreed upon by the Commonwealth and all states. The instrument has a Commonwealth jurisdictional reach, applying across Australia, and is applicable to the Commonwealth and the states and territories. The determination provides a clear formula for the allocation of GST revenue, which is used to provide financial assistance to the states. The instrument does not specify any exclusions or exemptions, and its application is extended through the subordinate instrument made under the Act, ensuring that the revenue determination is accurately reflected in the distribution process.

Key Provisions

The Federal Financial Relations (GST Revenue for 2018-19) Determination 2019 outlines the distribution of GST revenue for the 2018-19 payment year among the states and territories. Section 5 specifies that the total GST revenue for 2018-19 is $65,159,732,000.00. This amount is derived from a detailed calculation that includes various components of GST and related payments (section 6). These components are broken down into the total GST collected, general interest charges, and voluntary GST payments by local government bodies, minus GST refunds. The obligations imposed by the Act on the parties include ensuring that the calculation of GST revenue adheres strictly to the defined parameters set forth in the determination. The Commonwealth, through the Commissioner of Taxation, is tasked with the responsibility of collecting and distributing these funds. The states and territories, in turn, have the obligation to receive their respective shares of the GST revenue as outlined in the determination. This process ensures that each state and territory receives a proportionate share of the GST revenue, as mandated by the Federal Financial Relations Act 2009. Breaches of the obligations or failure to comply with the provisions of the determination may result in legal consequences. While the specific penalties are not detailed within the determination itself, breaches of provisions under the Federal Financial Relations Act 2009 could lead to civil or criminal penalties. These penalties may include fines or other sanctions as prescribed by the relevant legislation, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the broader legal framework governing financial and taxation laws in Australia.

Legal classification tags

Area of Law
Taxation Law
Administrative Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.