Federal Financial Relations (GST Revenue for 2021-22) Determination 2022

Administered by Department of the Treasury

Legislation au F2022N00235 In force Notifiable Instrument

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Federal Financial Relations (GST Revenue for 202122) Determination 2022

I, Stephen Jones, Assistant Treasurer and Minister for Financial Services, make the following determination.

Dated   24 October 2022

 

Stephen Jones

Assistant Treasurer
Minister for Financial Services

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—GST revenue determination for 2021-22

5  GST revenue for the 2021-22 payment year

6  Determination of amounts used to calculate GST revenue for the 202122 payment year

Part 1—Preliminary

1  Name

  This instrument is the Federal Financial Relations (GST Revenue for 2021-22) Determination 2022.

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Note: This table relates only to the provisions of this instrument as originally made.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 2021-22

5  GST revenue for the 2021-22 payment year

  The GST revenue for the 2021-22 payment year is $73,581,024,961.07.

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 (ignoring the pool top-up) for 2021-22 is as follows:

 

State

Portion of 2021-22 GST revenue

New South Wales

$22,068,735,518.22

Victoria

$17,269,060,119.47

Queensland

$15,899,157,391.35

Western Australia

$3,304,994,994.62

South Australia

$6,938,938,374.96

Tasmania

$3,185,297,067.89

Australian Capital Territory

$1,502,670,837.42

Northern Territory

$3,412,170,657.14

Total

$73,581,024,961.07

6  Determination of amounts used to calculate GST revenue for the 2021‑22 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 2021-22 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

$154,754,954,381.26

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

$164,463,398.87

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

 

$154,919,417,780.13

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

$81,338,392,819.06

 

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

 

$73,581,024,961.07

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 2021-22) Determination 2022 was enacted to provide the calculation and allocation of Goods and Services Tax (GST) revenue for the 2021-22 payment year, in accordance with the Federal Financial Relations Act 2009. The determination was made by Stephen Jones, the Assistant Treasurer and Minister for Financial Services, and came into effect the day after it was registered. This determination addresses the need to fairly distribute the GST revenue among the states and territories as part of the Commonwealth’s financial assistance scheme. The policy objective is to ensure a transparent and equitable distribution of GST revenue, reflecting each state's and territory's share based on a specific formula outlined in the Act. The total GST revenue for the 2021-22 payment year was determined to be $73,581,024,961.07, with specific allocations to each state and territory following the outlined formula.

Scope and Application

The Federal Financial Relations (GST Revenue for 2021-22) Determination 2022I applies to the allocation of GST revenue for the 2021-22 payment year among the states and territories of Australia. It is made under the authority of the Federal Financial Relations Act 2009 and comes into effect on the day after the instrument is registered. The Determination specifies the GST revenue for the specified payment year as well as the calculation of the amounts used to determine that revenue. This includes the total GST collected, general interest charges collected in relation to unpaid GST, and adjustments for voluntary GST payments by local government bodies. The revenue is then allocated among the states and territories in accordance with the formula set out in the Act. The Determination does not specify any exclusions or exemptions, and its application is limited to the specified payment year and the amounts determined therein. The Determination may be extended or modified by subordinate instruments made under the Act.

Key Provisions

The Federal Financial Relations (GST Revenue for 2021-22) Determination 2022 (F2022N00235) specifies the amount of GST revenue for the 2021-22 financial year and outlines the method used to calculate this amount (sections 5 and 6). According to section 5, the GST revenue for the 2021-22 payment year is $73,581,024,961.07. This amount is determined by considering various components such as the GST collected, payments made to the Commissioner, general interest charges, and voluntary GST payments by local government bodies, as well as making adjustments to exclude the effects of the luxury car tax law and wine equalisation tax law (section 6). The determination also includes a breakdown of each state's entitlement to the GST revenue, calculated using the formula in subsection 5(1) of the Federal Financial Relations Act 2009. The Act imposes several obligations on the relevant parties, primarily ensuring that the GST revenue is accurately calculated and distributed. The Commissioner of Taxation is responsible for collecting the GST and other related amounts as specified in section 6(3) of the Act. This includes collecting GST, making payments representing amounts that would have been payable under certain conditions, and accounting for voluntary GST payments that should have been made by local government bodies. Additionally, the Commonwealth and all States must agree on the manner in which amounts representing voluntary GST payments should be determined (subsection 6(3)(c)). Furthermore, the Act requires adjustments to be made to the calculated amounts to exclude the effects of the luxury car tax law and wine equalisation tax law, ensuring the accuracy of the GST revenue figure (subsection 6(5)). Breaches of the obligations and requirements set out in the Federal Financial Relations (GST Revenue for 2021-22) Determination 2022 can lead to various consequences. While the Determination itself does not explicitly outline specific penalties or consequences for non-compliance, the Federal Financial Relations Act 2009 under which this Determination is made, provides a framework for addressing breaches. Generally, failure to comply with the Act's requirements could result in administrative actions, fines, or other legal consequences as prescribed by the relevant legislation. The specific penalties would depend on the nature and severity of the breach, and could be enforced by the relevant authorities, such as the Commissioner of Taxation or other designated bodies under the Act.

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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.