Federal Financial Relations (GST Revenue for 2020-21) Determination 2021

Administered by Department of the Treasury

Legislation au F2021N00275 In force Notifiable Instrument

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Federal Financial Relations (GST Revenue for 202021) Determination 2021

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

Dated   28 October 2021

 

Michael Sukkar

Assistant Treasurer
Minister for Housing
Minister for Homelessness, Social and Community Housing

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—GST revenue determination for 2020-21

5  GST revenue for the 202021 payment year

6  Determination of amounts used to calculate GST revenue for the 202021 payment year

 

Part 1—Preliminary

 

1  Name

  This instrument is the Federal Financial Relations (GST Revenue for 2020-21) Determination 2021.

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Note: This table relates only to the provisions of this instrument as originally made.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 2020-21

 

5  GST revenue for the 2020‑21 payment year

  The GST revenue for the 2020-21 payment year is $73,072,981,746.03.

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 as well as a portion of the pool top-up. Each State’s entitlement is calculated in accordance with the formula in subsection 5(1). Applying that formula, each State’s entitlement to the GST revenue for 2020-21 is as follows:

 

State

Portion of 2020-21 GST revenue

New South Wales

$21,372,915,932.10

Victoria

$18,215,894,998.57

Queensland

$15,524,154,637.44

Western Australia

$3,420,593,006.95

South Australia

$6,848,302,581.43

Tasmania

$2,926,811,838.77

Australian Capital Territory

$1,414,859,618.96

Northern Territory

$3,349,449,131.81

Total

$73,072,981,746.03

6  Determination of amounts used to calculate GST revenue for the 2020‑21 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 2020-21 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

$141,841,777,857.26

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

$136,416,068.81

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

 

$141,978,193,926.07

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

$68,905,212,180.04

 

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

 

$73,072,981,746.03

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 2020-21) Determination 2021, enacted under the Federal Financial Relations Act 2009, addresses the allocation of GST revenue for the 2020-21 financial year. The enactment was made by Michael Sukkar, the Assistant Treasurer and Minister for Housing, and Minister for Homelessness, Social and Community Housing. The primary objective of this determination is to establish the amount of GST revenue to be distributed to the states for the specified period. The GST revenue for the 2020-21 payment year was determined to be $73,072,981,746.03, with each state receiving a proportionate share based on a statutory formula. This determination ensures compliance with the legislative framework established by the Federal Financial Relations Act 2009, facilitating the equitable distribution of GST revenue among the states.

Scope and Application

The Federal Financial Relations (GST Revenue for 2020-21) Determination 2021, made under the Federal Financial Relations Act 2009, sets out the GST revenue for the 2020-21 payment year, which amounts to $73,072,981,746.03. This determination applies to the Commonwealth, each State, and the Australian Capital Territory, establishing the basis for the distribution of GST revenue as financial assistance to the States. The Act outlines the specific formula and calculations used to determine the revenue, ensuring that each State's entitlement is calculated in accordance with the statutory provisions. This instrument does not create any new legal obligations or rights beyond those specified in the Act and applies specifically to the fiscal year 2020-21, with the revenue calculation being a one-time exercise for that period.

Key Provisions

The Federal Financial Relations (GST Revenue for 2020-21) Determination 2021I sets out the GST revenue for the 2020-21 payment year and the amounts used to calculate that revenue. Section 5 of the Determination states that the GST revenue for the 2020-21 payment year is $73,072,981,746.03. Section 6 details the amounts used to calculate this revenue, including the GST collected, payments made to the Commissioner, additional GST that would have been collected, general interest charges, and voluntary GST payments by local government bodies. This Determination also outlines the distribution of the GST revenue among the states, calculated using a specific formula. The Determination imposes obligations on the Commonwealth to calculate the GST revenue and distribute it to the states according to the formula in section 5 of the Federal Financial Relations Act 2009. The Commonwealth must ensure that the amounts determined in section 6 of the Determination are accurate and reflect the adjustments required by subsection 6(5) of the Act. The Commonwealth must also ensure that the luxury car tax law and wine equalisation tax law do not affect the amounts of GST and amounts attributable to GST. There are no specific offences or penalties outlined in the Determination itself. However, breaches of the Federal Financial Relations Act 2009 or other related legislation may lead to civil or criminal consequences, depending on the nature and severity of the breach. Penalties for breaches of taxation laws can include fines and imprisonment, with the exact penalties depending on the specific offence and jurisdiction. The Determination focuses primarily on the calculation and distribution of GST revenue, leaving the enforcement of related obligations and penalties to other relevant laws and authorities.

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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.