Federal Financial Relations (GST Revenue for 2022-23) Determination 2023

Administered by Department of the Treasury

Legislation au F2023N00467 In force Notifiable Instrument

Legislation content

 

Federal Financial Relations (GST Revenue for 202223) Determination 2023

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

Dated  26 October 2023

 

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 2022-23

5  GST revenue for the 2022-23 payment year

6  Determination of amounts used to calculate GST revenue for the 202223 payment year

Part 1—Preliminary

1  Name

  This instrument is the Federal Financial Relations (GST Revenue for 2022-23) Determination 2023.

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Note: This table relates only to the provisions of this instrument as originally made.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 2022-23

5  GST revenue for the 2022-23 payment year

  The GST revenue for the 2022-23 payment year is $81,332,134,907.35.

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 2022-23 is as follows:

 

State

Portion of 2022-23 GST revenue

New South Wales

$24,255,340,132.40

Victoria

$17,826,695,841.92

Queensland

$17,218,281,131.17

Western Australia

$6,124,442,467.13

South Australia

$7,294,396,702.63

Tasmania

$3,281,163,753.20

Australian Capital Territory

$1,559,223,791.52

Northern Territory

$3,772,591,087.38

Total

$81,332,134,907.35

6  Determination of amounts used to calculate GST revenue for the 2022‑23 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 2022-23 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

$169,180,292,847.69

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

$258,064,263.87

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

 

$169,438,357,111.56

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

$88,106,222,204.20

 

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

 

$81,332,134,907.35

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 2022-23) Determination 2023 was enacted to address the specific financial arrangements between the Commonwealth and the States in relation to the Goods and Services Tax (GST) revenue for the 2022-23 financial year. This determination is made under the authority of the Federal Financial Relations Act 2009 and serves to outline the allocation of GST revenue to the States for that particular year. The policy objective is to ensure the equitable distribution of GST revenue among the States in accordance with the established legal framework and to provide clarity and certainty for financial planning purposes. This instrument sets out the total GST revenue for the specified year and details the amounts used in the calculation, ensuring that each State’s entitlement is accurately determined and communicated.

Scope and Application

The Federal Financial Relations (GST Revenue for 2022-23) Determination 2023, made under the Federal Financial Relations Act 2009, outlines the determination of the Goods and Services Tax (GST) revenue for the financial year 2022-23 and the subsequent distribution of this revenue among the states. The Act applies to the Commonwealth and the states of Australia, with specific allocations detailed for each state based on the calculated GST revenue. The GST revenue for the specified period is determined to be $81,332,134,907.35, and this amount is to be distributed to the states according to the formula set out in the Act. Each state's entitlement is calculated and specified, with New South Wales receiving the largest portion and the Northern Territory the smallest. This determination is effective from the day after the instrument is registered, and any amendments to the instrument will not affect the initial provisions outlined. The Act does not explicitly state exclusions or exemptions but rather focuses on the calculation and distribution of the GST revenue.

Key Provisions

The Federal Financial Relations (GST Revenue for 2022-23) Determination 2023I specifies the GST revenue for the 2022-23 payment year, which is $81,332,134,907.35 (section 5). This determination sets out the amounts used to calculate this revenue, including the total GST collected, general interest charges, and voluntary GST payments by local government bodies (section 6). The determination also outlines how these amounts were calculated and adjusted to exclude the effects of luxury car and wine equalisation taxes. This Act imposes specific obligations on the Commonwealth and the states to calculate and distribute GST revenue according to the provisions outlined. It mandates the calculation of GST revenue by considering the total GST collected, general interest charges, and voluntary GST payments (section 6). The Act also requires the distribution of this revenue among the states based on a specified formula, ensuring each state receives a proportionate share of the GST revenue (subsection 5(1)). For breaches of the provisions of this Determination, there are no explicit penalties mentioned in the text. However, given that it is made under the Federal Financial Relations Act 2009, any violations of the Act's provisions could result in penalties as outlined in that Act. These penalties could include fines or other civil or criminal consequences, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant sections of the Federal Financial Relations Act 2009.

Legal classification tags

Area of Law
Finance & Banking Law
Instrument
Notifiable instrument
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions

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.