Federal Financial Relations (GST Revenue for 2019-20) Determination 2020

Administered by Department of the Treasury

Legislation au F2020N00118 In force Notifiable Instrument

Legislation content

 

Federal Financial Relations (GST Revenue for 201920) Determination 2020

I, Michael Sukkar, Minister for Housing and Assistant Treasurer, make the following determination.

Dated 20 October 2020

 

Michael Sukkar

Minister for Housing
Assistant Treasurer

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—GST revenue determination for 2019-20

5  GST revenue for the 201920 payment year

6  Determination of amounts used to calculate GST revenue for the 201920 payment year

 

Part 1—Preliminary

 

1  Name

  This instrument is the Federal Financial Relations (GST Revenue for 2019-20) Determination 2020.

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Note: This table relates only to the provisions of this instrument as originally made.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 2019-20

 

5  GST revenue for the 2019‑20 payment year

  The GST revenue for the 2019-20 payment year is $60,235,919,048.27.

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 2019-20 is as follows:

 

State

Portion of 2019-20 GST revenue

New South Wales

$16,723,160,952.33

Victoria

$15,453,396,666.01

Queensland

$12,780,032,701.49

Western Australia

$3,234,686,989.59

South Australia

$6,095,382,651.27

Tasmania

$2,229,190,069.41

Australian Capital Territory

$1,250,629,227.32

Northern Territory

$2,469,439,790.85

Total

$60,235,919,048.27

6  Determination of amounts used to calculate GST revenue for the 2019‑20 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 2019-20 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

$128,973,104,702.08

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

$171,126,014.00

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

 

$129,144,230,716.08

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

$68,908,311,667.81

 

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

 

$60,235,919,048.27

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 2019-20) Determination 2020 was enacted in 2020 under the authority of the Federal Financial Relations Act 2009. This determination addresses the issue of calculating and distributing the Goods and Services Tax (GST) revenue for the 2019-20 payment year among the states and territories of Australia. The policy objective is to ensure the equitable distribution of GST revenue, as mandated by the Act, to provide financial assistance to the states based on their respective entitlements. This instrument was introduced by Michael Sukkar, the Minister for Housing and Assistant Treasurer, and was made to establish the precise amount of GST revenue for the specified financial year and to detail how this revenue should be distributed among the states and territories.

Scope and Application

The Federal Financial Relations (GST Revenue for 2019-20) Determination 2020 applies to the calculation and distribution of GST revenue for the 2019-20 financial year, as specified under the Federal Financial Relations Act 2009. This determination sets forth the total GST revenue for the designated year and delineates the allocation of this revenue among the Australian states and territories. The revenue, amounting to $60,235,919,048.27, is subject to the statutory formula under the Act for distribution among the states and territories. The Act's application is confined to the Commonwealth and extends to the determination of GST revenue and its distribution among the states, without any stated exclusions or exemptions within the determination itself. The scope of this determination is further extended or restricted through subordinate instruments, which may provide additional details or modifications to the calculation and distribution process.

Key Provisions

The Federal Financial Relations (GST Revenue for 2019-20) Determination 2020 outlines the GST revenue for the 2019-20 payment year, which is determined to be $60,235,919,048.27 (section 5). The amounts used to calculate this GST revenue are specified in section 6, which includes the total GST collected, payments made to the Commissioner, additional GST that would have been collected, general interest charges, voluntary GST payments by local government bodies, and GST refunds. The total sum of these items, adjusted for luxury car tax and wine equalisation tax impacts, results in the final GST revenue figure. This determination imposes obligations on the Commonwealth and the States to ensure accurate calculation and distribution of GST revenue according to the specified formula (subsection 5(1)). The Commonwealth is required to calculate the GST revenue for the payment year and determine the amounts used in the calculation (section 6). The States are entitled to a portion of the GST revenue based on the formula provided in subsection 5(1) of the Federal Financial Relations Act 2009. Breach of the obligations set out in this determination could result in legal consequences under the Federal Financial Relations Act 2009, although specific penalties are not detailed in this instrument. Generally, failure to comply with the Act may lead to administrative or judicial actions, including potential financial penalties or legal disputes regarding the distribution of GST revenue. The determination does not specify any particular offences or penalties for non-compliance within its text, but penalties for breaches of the Federal Financial Relations Act 2009 could include fines or other civil or criminal sanctions as prescribed by the relevant legislation. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching Act under which this determination is made.

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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.