WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer and Copyright Details
A New Tax System (Indirect Tax and Consequential
Amendments) Bill (No. 2) 1999
Date Introduced: 21 October 1999
House: House of Representatives
Portfolio: Treasury
Commencement: Royal Assent, except for items in
the Schedules which commence on 1 July 2000.
The purpose of
this Bill is to make consequential amendments to the A New Tax
System (Goods and Services Tax) Act 1999 (GST Act) and related
indirect tax legislation that originated from a consultation
process that commenced following the passage of the GST Act. The
Bill makes minor policy and technical amendments to the following
legislation:
-
- The GST Act, A New Tax System (Luxury Car Tax) Act
1999 (LCT Act), and A New Tax System (Wine Equalisation
Tax) Act 1999 (WET Act) in respect of a number of areas
including GST-free supplies, payments made to local government
bodies and second-hand goods
-
- The GST Act and the A New Tax System (Goods and Services
Tax Transition) Act 1999 (GST Transition Act) in relation to
the treatment of insurance
-
- The GST Transition Act in relation to certain rights granted
for life, certain long term leases entered into between
2 December 1998 and 1 July 2000 and provides a special
credit for certain alcoholic beverages and certain petroleum
products
-
- The A New Tax System (Commonwealth-State Financial
Arrangements) Act 1999 (CSFA Act) regarding the calculation of
GST revenue to be distributed to the States and Territories
-
- The A New Tax System (Australian Business Number) Act
1999 (ABN Act) to ensure that overseas businesses that are
required to register for GST purposes are able to obtain an
ABN
-
- The Consular Privileges and Immunities Act 1972
(CP&I Act), the Diplomatic Privileges
and Immunities Act 1967
(DP&I Act), the International Organisations
(Privileges and Immunities) Act 1963 (IO(P&I)
Act), and the Overseas Missions (Privileges and Immunities) Act
1995 (OM(P&I) Act) to provide for a number of indirect
taxation concessions for diplomatic missions, consular posts,
overseas missions, international organisations and their officials,
and international organisations in Australia, and
-
- The Petroleum Resource Rent Tax Assessment Act 1987
(PRRTA Act) to exclude GST from the tax base for calculating the
petroleum resource rent tax (PRRT).
This section provides a summary of the events
leading up to the introduction of the GST, a brief explanation of
the operation of the GST and the rationale for this Bill.
Recent History
On 13 August 1998 the Federal Government
released proposals for reform of the Australian tax system(1)
(ANTS) of which, a goods and services tax (GST) was the
centrepiece.
The tax reform plan proposed to:
-
- Introduce a GST which eliminates sales tax and a range of nine
other indirect taxes
-
- Change Commonwealth-State financial relations by providing
States and Territories with an independent revenue base
-
- Implement significant changes to individual marginal tax
rates
-
- Implement a major rationalisation of family assistance
-
- Replace the various existing taxation payment and reporting
systems of company tax, provisional tax, PAYE,(2) PPS(3) and RPS(4)
by one quarterly tax payment system, PAYG.(5)
-
- Introduce a new universal business number system
-
- Move toward an entity taxation system which is directed toward
the elimination of tax advantages between different business
structures, and
-
- Simplify the imputation system and introduce refunds for excess
franking credits.
On 25 November 1998, the Senate referred issues
relating to the GST and the new tax system to a Select Committee
and three of its Reference Committees.(6) In February 1999 the
Senate Select Committee produced its First Report.(7) The three
Reference Committees produced their reports in March 1999.(8) In
April 1999 the Senate Select Committee released its second
report(9) and shortly thereafter, its report on Commonwealth-State
financial arrangements, luxury car tax and wine equalisation
tax.(10)
The Government did not, however, possess
sufficient numbers in the Senate to pass its tax reform plan
without the support of either the Independents or the Australian
Democrats. On 14 May 1999 independent Senator Brian Harradine
announced that he would not support the GST. The Government elected
to negotiate with the Australian Democrats to secure its passage
through the Senate.
On 28 May 1999 the Prime Minister announced that
an agreement had been concluded between the Government and the
Australian Democrats on the GST and ANTS. The agreement retained
the GST rate at 10 per cent to apply from 1 July 2000, but included
changes to the GST, the State taxation and funding arrangements,
compensation, the planned income tax cuts and introduced new
environmental measures.
The ANTS legislation as amended, some 39 Bills,
was passed by both Houses on or before 30 June 1999 and received
Royal Assent on 8 July 1999 except for the Bills relating to the
Commonwealth-State financial arrangements, which received Royal
Assent on 10 September 1999.
GST Overview
The GST is a broad-based indirect tax on final
private consumption in Australia. It taxes the consumption of most
goods, services and any other things, including things imported
into Australia, but not consumption outside Australia. The GST rate
is 10 per cent, and commences on
1 July 2000.
The GST is based on the Value Added Tax (VAT)
system, which has been adopted by nearly all OECD countries and
more than 80 others around the world. The GST concept of taxing
final private consumption is achieved by:
-
- imposing tax on supplies made by entities registered for GST
purposes, and
-
- allowing those entities to claim a full credit for any GST they
have paid on business purchases (or inputs). Such credits will be
known as input tax credits.
Consistent with other GST and VAT regimes, there
will be two types of non-taxable supplies, 'GST-free' and 'input
taxed', known in most other countries with a GST or VAT as 'zero
rated' and 'exempt' respectively.
GST-free supplies will not be taxed and input
tax credits will be allowed on things acquired to make the supply.
The main activities that will be GST-free include exports, certain
expenditure by tourists, health and medical care, education,
childcare, charitable activities and religious services.
Input taxed supplies will similarly not be
taxed, however no input tax credits will be allowed on things
acquired to make the supply. The main activities that will be input
taxed are financial services and residential rents.
With any new legislative regime, such as the
GST, it is reasonable to expect that there will be a period of
'bedding down' the legislation, and for minor amendments to be made
to remove legislative anomalies and oversights. This has been noted
in the press:
It will take more than 10,000 amendments to
optimise the legislation. But this is nothing to be embarrassed
about. The legislation is deficient in a lot of respects, but only
after business applies GST will many of the abnormalities start to
pop up. ...We are already experiencing a lot of difficulty about
how the tax will apply in different circumstances. There are many
faults in the GST legislation; it would be amazing if we got it
right the first time.(11)
This Bill goes part of the way to removing some
of the 'abnormalities', oversights and unintended consequences of
the GST legislation.
Schedule 1-Indirect Tax Acts
Items 1 to 15 amend the GST Act
to ensure that payments made to local governments that are
specifically covered by an appropriation are not subject to
GST.
Item 16 amends the GST Act to
ensure that the precious metals provisions contained in the GST Act
better reflect the way precious metal industry operates.
Items 17 and 18 amends the
method of determining what is a financial supply by removing that
method from the GST Act and providing for that method to be
provided for in regulations.
Division 48 of the GST Act provides special
rules that enable certain companies and non-profit associations to
form a GST group. A GST group is effectively treated as a single
entity and as such supplies and acquisitions made wholly within a
GST group are taken out of the GST system. When a member of a GST
group ceases to be a member of the GST group, it was intended that
the exiting member would become responsible for accounting for all
of its own adjustments, including those relating to transactions
made to entities outside the group during the time it was a member
of the group. The GST Act, as currently drafted, does not enable
this to occur. Item 20 proposes that the GST Act
provide for this situation.
The GST Act provides for the claiming of input
tax credits for acquiring second hand goods. Item
23 provides that input tax credits for acquisitions of
second-hand goods from unregistered suppliers can only be claimed
where those goods are acquired as trading stock (excluding
materials used in manufacture). Items 25 and 26
eliminate the administrative burden of tracing supplies of small
items of trading stock back to the acquisition of those items by
ensuring that for acquisitions of $300 or less, the amount of input
tax credit is not linked to the subsequent supply. Item
27 proposes that a second-hand goods trader can elect to
claim some input credits later than otherwise entitled if it is
convenient for them to do so.
Item 30 provides a global
accounting method for acquisitions of second-hand goods that are
divided for re-supply. The global method is likely to be used when
more than one supply can be made from the one acquisition (for
example, a motor vehicle purchased by a wrecker for dismantling).
In these cases, a matching of the credit on the acquisition with
the GST on the subsequent supplies was considered by the Government
to be impractical, thereby justifying this amendment.
Insurance
Schedule 2 makes numerous amendments to the GST
Act regarding the application of GST to insurance contracts,
schemes, claims excesses and subrogation.(12)
Item 31 intends to ensures that
when calculating GST, the value of State stamp duties on insurance
premiums are not included in the calculation.
Item 35 provides that a supply
that an insurer makes in settling a claim is not a taxable supply.
This ensures that when as a consequence of paying a claim, an
insurer engages a builder directly to supply building services to
the insurer to rebuild the insured person's property, the services
would not attract GST.
Item 36 intends to have the
effect that if an insurer has made a claim in exercising its rights
of subrogation and a third party makes a payment, a supply or both
in settlement of that insurance claim, it is consideration for a
supply made by the insurer.
Insured entities can have a GST liability on an
insurance settlement that is proportional to the input tax credit
they were entitled to on the premiums paid for the relevant policy.
For example, if an insured entity acquired a policy
60 per cent for a creditable purpose and 40 per cent for
a private purpose, it would be entitled to an input tax credit
equal to 60 per cent of 1/11 of the price of the policy. If an
insured entity has a settlement under that policy it is liable for
1/11 of the GST inclusive value of the settlement, where it should
only be liable to GST of 60 per cent of 1/11 of the GST inclusive
value of the settlement.
Item 37 intends to ensure
that the insured's GST liability on a settlement is proportional to
the input tax credit it was entitled to on the premium.
Item 39 intends to ensure that
where an insurance excess is paid only to the insurer (and not, for
example, used by the insurer to pay for the repair of the insured's
damaged property), the excess is not subject to GST.
Item 41 intends to provide that
if an insurer has made a claim in exercising its rights of
subrogation and a third party makes a payment, a supply or both in
settlement of that claim, it is consideration for an acquisition
made by the third party. It is consideration for a creditable
acquisition if:
-
- the third party is registered or required to be registered
-
- has made the settlement for a creditable purpose, and
-
- the settlement was consideration for a taxable supply made by
the insurer.
The GST Act enables tax invoices to be issued by
an agent of an entity that makes a taxable supply (eg an insurance
agent). As insurance brokers are generally not acting as agents of
the insurer when they arrange an insurance policy, they are not
able to issue tax invoices in relation to the supply of that
policy. This has the result that whilst the broker generally issues
all other documents to the insured in relation to that policy, they
cannot issue the tax invoice. Item 50 amends the
GST Act to permit insurance brokers to issue tax invoices on behalf
of the insurer.
Item 42 deals with statutory
compensation schemes. Some statutory compensation schemes do not
fall within the existing definition of insurance in the GST Act,
while other statutory compensation schemes are insurance and are
covered. For example, some workers' compensation schemes are within
the definition of insurance and others are not. The Government
argues that the intention is to treat such statutory compensation
schemes similarly. Item 42 also ensures that GST
is calculated on the stamp duty exclusive value of the premium of a
statutory scheme. This is achieved by excluding the amount of any
stamp duty payable under a State law or Territory law in respect of
the premium. This amendment is similar to the amendment being made
by item 31. Item 42 also ensures
that if there is a judgment or order of the court in relation to an
insurance claim the outcome for GST purposes is the same as if the
settlement had been made without the intervention of the court.
Under workers' compensation and CTP(13) schemes
it is common for beneficiaries to receive regular payments under
the scheme. The GST Act could raise a GST liability every time a
payment is made (eg fortnightly) to the injured employee. Proposed
amendments should allow the insurer a decreasing adjustment to, in
effect, decrease the entitlement on settlement by the amount of GST
liability.
The Bill also makes amendments to ensure that
telecommunications services that are used or enjoyed in Australia
are subject to GST regardless of whether the supplier is in
Australia or offshore. Item 43 provides an
additional criterion for 'connected with Australia' specifically
for telecommunication supplies. That is, if the effective use or
enjoyment of a telecommunication supply is in Australia, the supply
will be 'connected with Australia'. This item also provides a new
definition of 'telecommunications supply' designed to capture the
means of communication but not the content.
The definition of 'entity' in the GST Act and
the ABN Act are different. Under the GST legislation, all
government organisations would effectively be part of a single
State, Territory and Commonwealth registration and each Government
would decide which sub-entities it would treat as separate branches
for GST purposes. The ABN Act includes a definition of 'government
entity' which allows for separate registration of government
entities at a lower level. Item 57 inserts a
definition of 'government entity' into the GST Act to allow (but
not require) for the separate registration of government entities.
Under this definition, a government entity has the same meaning
given by the ABN Act.
The GST Act contains the rules that apply to GST
groups. Currently, the grouping provisions only apply to a company,
a partnership or trust that satisfies the requirements specified in
the regulations and certain non-profit bodies. Item
47 intends to allow government entities to form GST
groups.
The A New Tax System (Indirect Tax and
Consequential Amendments) Bill 1999 proposes new subsection
9-75(2) be inserted into the GST Act to ensure that luxury car tax
(LCT) is not included when calculating the value of a taxable
supply. Items 59 to 61 contain technical
amendments to the GST Act, to deal with the flow-on effects of
subsection 9-75(2) being inserted. This will bring the legislation
into line with the Government's original intention and will ensure
that the correct amount of LCT and GST is paid.
Commencement: The above provisions
commence immediately after the commencement of Part 1 of Schedule 1
of the proposed A New Tax System (Indirect Tax and
Consequential Amendments) Act 1999, which commences
immediately after the commencement of the A New Tax System
(Goods and Services Tax) Act 1999, that is, 1 July
2000.
Amendment of the A New
Tax System (Luxury Car Tax) Act 1999
Item 78 amends the definition
of 'car' to include a limousine, regardless of the number of
passengers it is designed to carry.
Commencement: The above provision
commences immediately after the commencement of Part 2 of Schedule
1 of the proposed A New Tax System (Indirect Tax and
Consequential Amendments) Act 1999, which commences
immediately after the commencement of the A New Tax System
(Luxury Car Tax) Act 1999, that is, 1 July 2000.
Amendment of the A New
Tax System (Wine Equalisation Tax) Act 1999
Item 79 amends the definition
of 'application to own use' in the WET Act by adding a further
exclusion. This amendment will allow, for example, a manufacturer
that uses wine to produce other beverages to purchase the wine
under quote, free of wine equalisation tax (WET).
Commencement: The above provision
commences immediately after the commencement of Part 3 of Schedule
1 of the proposed A New Tax System (Indirect Tax and
Consequential Amendments) Act 1999, which commences
immediately after the commencement of the A New Tax System
(Wine Equalisation Tax) Act 1999, that is,
1 July 2000.
Schedule 2-Indirect Tax
Transition
This Schedule contains the amendments made to
the GST Transition Act in relation to:
-
- Long-term leases
-
- Rights granted for life
-
- Transitional credits for alcoholic beverages
-
- Transitional credits for petroleum products, and
-
- Second-hand goods.
Items 1 and 2 amend sections 11
and 12 of the GST Transition Act to make it clear that those
sections do not apply to a supply of a long-term lease made before
1 July 2000. A long-term lease is defined in the GST Act to be a
lease for at least 50 years.
Item 3 replaces subsection
14(2) of the GST Transition Act to ensure that it is only the
extent to which a supply relates to the right granted for life that
will be taken to be made after 1 July 2000 and subject to GST.
Items 5 and 6 allow a input
credit to be claimed for alcoholic beverages. The proposed changes
enable holders of unopened stocks of alcoholic beverages that are
not covered by the WET to claim a special credit for the sales tax
included in the price of the goods.
Commencement: The above provisions
commence immediately after the commencement of Schedule 6 of the
proposed A New Tax System (Indirect Tax and Consequential
Amendments) Act 1999, which commences immediately after the
commencement of the A New Tax System (Goods and Services Tax
Transition) Act 1999.(14)
Schedule 3-Commonwealth-State Financial
Arrangements
This Schedule contains proposed amendments to
the CSFA Act designed to ensure that the calculation of GST revenue
to be distributed to the States and Territories will include any
general interest charge (GIC) relating to GST and will ensure that
any effect the WET and LCT laws may have on GST revenue will not be
included in the calculation.
The CSFA Act provides for GST revenue to be
distributed to the States and Territories and prescribes how the
Commissioner will determine GST revenue. The Commonwealth and the
States have agreed that GST revenue will be distributed on a tax
collected basis; that is, the States and Territories will bear the
cost of non-payment of GST and receive the GIC collected by the
Australian Taxation Office in respect of taxpayers defaulting on
their GST liabilities - to the extent that it is attributable to
GST. However, the CSFA Act, as currently drafted, does not include
any GIC that is attributable to GST in the calculation of GST
revenue. Further, due to the interaction of the GST Act with the
WET Act and the LCT Act, the calculation of GST revenue as
currently set out in the CSFA Act may include amounts that are
referrable to WET and LCT. The distribution of GST revenue to the
States and Territories should not include any amounts in respect of
WET or LCT.
Item 4 intends to ensure that
the GIC attributable to GST will be included in the calculation of
GST revenue for distribution to the States and Territories. The GIC
that is included in the calculation will be any GIC collected that
is attributable to unpaid GST, or any GIC collected on unpaid GIC
that is attributable to unpaid GST.
Item 1 inserts a definition of
GIC.
Item 5 intends to ensure that
refund amounts that are taken into consideration when calculating
GST revenue include only those amounts that are attributable to
GST. This is intended to ensure that GST revenue calculation is not
reduced by refund amounts in respect of WET or LCT.
Commencement: The above provisions
commence immediately after the commencement of the A New Tax
System (Commonwealth-State Financial Arrangements), that is
1July 2000.
Schedule 4-Australian Business Numbers
(ABNs)
This schedule contains amendments to the ABN Act
to ensure that overseas businesses that are required to register
for GST purposes are able to obtain an ABN.
Item 1 adds a new category of
entity entitled to have an ABN, namely, where an entity makes
supplies that are connected with Australia.
Item 2 repeals section 39 of
the ABN Act. The application of this section would have prevented a
non-resident without a permanent establishment in Australia from
obtaining an ABN. This amendment removes this restriction.
Commencement: The above provisions
commence immediately after the commencement of Part 1 of Schedule 1
of the proposed A New Tax System (Indirect Tax and
Consequential Amendments) Act 1999, which commences
immediately after the commencement of the A New Tax System
(Goods and Services Tax) Act 1999, that is, 1 July
2000.
Schedule 5-Amendments relating to
diplomatic, consular and related privileges and immunities
This Schedule contains amendments to the
CP&I Act, DP&I, IO(P&I) Act and OM(P&I) Act to
ensure that Australia continues to meet its international
obligations to provide a range of taxation concessions to various
bodies and personnel in Australia.
The taxation concessions relate to the GST, WET
and LCT and are intended to be granted by way of an exemption for
goods imported by eligible persons and, by way of a payment by the
Commissioner through the 'indirect tax concession scheme', for
goods purchased in Australia.
The amendments to diplomatic, consular and
related privileges and immunities are required for goods imported
by these bodies. Without an exemption these bodies would be liable
to pay GST, WET and LCT (as appropriate) on the goods imported.
Items 1 to 7 insert definitions
of 'acquisition', 'approved form', 'Commissioner', 'GST Act',
'indirect tax', 'Luxury Car Tax Act' and 'Wine Equalisation Tax
Act' in the CP&I Act.
Item 8 amends the CP&I Act
to ensure that importations covered by, among other things,
paragraph 1 or paragraph 2 of Article 50,(15) or Article 62,(16) of
the Vienna Convention on Consular Relations are not subject to GST,
WET or LCT.
Item 9 sets out the indirect
tax concession scheme, the detail of which will be provided by a
determination of the Minister for Foreign Affairs that will cover
the following:
-
- The countries which will benefit from the concessions
-
- The types of acquisitions that will be covered
-
- The types of eligible use for acquisitions, and
-
- The conditions, limitations, and the period and manner in
relation to any amounts payable.
Items 10 to 16 amend the
DP&I Act in the same manner as items 1 to 7
proposes to amend the CP&I Act. Item 17 amends
the DP&I Act to ensure that importations covered by, among
other things, paragraph 1 of Article 36,(17) or paragraph 1 or
paragraph 2 of Article 37,(18) of the Vienna Convention on
Diplomatic Relations are not subject to GST, WET or LCT.
Item 18 sets out the indirect
tax concession scheme in a manner similar to that in item
9.
Items 19 to 26 amends the IO(P&I) Act in the
same manner as items 1 to 7 amended the CP&I
Act. Item 27 amends the IO(P&I) Act to ensure
that importations covered by an immunity from taxation conferred by
the regulations are not subject to GST, WET or LCT.
Item 27 also sets out the
indirect tax concession scheme in a manner similar to that in
item 9.
Item 28 provides that
international organisations will not need to be registered for GST
purposes.
Items 29 to 35 insert
definitions into the OM(P&I) Act in the same manner as
items 1 to 7 amended the CP&I Act.
Item 36 amends the OM(P&I) Act to ensure that
importations covered by an immunity from taxation conferred by the
regulations are not subject to GST, WET or LCT.
Item 37 sets out the indirect
tax concession scheme in a manner similar to that in item
9.
Commencement: The above provisions
commence immediately after the commencement of the A New Tax
System (Goods and Services Tax) Act 1999, that is, 1 July
2000.
Schedule 6-Petroleum Resource Rent Tax
Assessment Act 1987
Schedule 6 contains amendments to the PRRTAA
that are intended to ensure that GST is excluded from the tax base
for calculating PRRT.
Participants in a petroleum project are liable
for PRRT on taxable profits from the project. A taxable profit will
result if assessable receipts for a financial year exceed
deductible expenditure. From 1 July 2000, the receipts derived and
expenditure incurred may include GST. The Government claims that
these amendments are designed to ensure that GST components
embedded in the receipts and expenditure will be excluded from the
calculation of the taxable profit that is subject to PRRT.
Item 11 excludes the following
items from calculating PRRT:
-
- Amounts corresponding to any GST from defined categories of
assessable receipts
-
- An amount equal to the GST component of the sale price of
property, and
-
- An amount equal to the input tax credit entitlement relating to
sale expenses.
Item 12 excludes GST components
from deductible expenditure when calculating PRRT.
Items 13 and 14 have the effect
of including payments of GST within the category of excluded
expenditure.
Commencement: The above provisions
commence immediately after the commencement of the A New Tax
System (Goods and Services Tax) Act 1999, that is, 1 July
2000.
-
- Treasurer, Tax Reform: Not A New Tax A New Tax System,
Tax Reform Plan, 13 August 1998.
- Pay As You Earn.
- Prescribed Payments System.
- Reportable Payments System.
- Pay As You Go.
- Senate Select Committee on A New Tax System; Senate Community
Affairs References Committee; Senate Employment, Workplace
Relations, Small Business and Education References Committee and
Senate Environment, Communications, Information Technology and the
Arts References Committee.
- Senate Select Committee on A New Tax System, First
Report, February 1999.
- Senate Community Affairs References Committee, The Lucky
Country Goes Begging, Report on the GST and a New Tax System,
March 1999; Senate Employment, Workplace Relations, Small Business
and Education References Committee, Report of the Inquiry into
the GST and A New Tax System, March 1999 and Senate
Environment, Communications, Information Technology and the Arts
References Committee, Inquiry into the GST and a New Tax
System, March 1999.
- Senate Select Committee on A New Tax System, Main
Report, April 1999.
- Senate Select Committee on A New Tax System, Report on
Commonwealth-State Financial Arrangements Bills, Luxury Car Tax
Bills and Wine Equalisation Tax Bills, April 1999.
- Michael Laurence, 'A Tax to Give us All Consumption',
Business Review Weekly, 30 July 1999, p. 59.
- A subrogation payment is a payment made by a third party to an
insurer in respect of a liability owed by the third party to the
insured. For example, an insurer makes a settlement to an insured.
It takes over the insured's right to recover from the third party
who caused the damages to the insured. The insurer then seeks to
make recovery from the third party. As a result of that action, the
third party makes a payment to the insurer.
- Compulsory third party.
- That is, after all the Acts listed below have received the
Royal Assent and on the day after the last day on which any of
those Acts received the Royal Assent:
-
- the A New Tax System (Goods and Services Tax) Act 1999
-
- the A New Tax System (Goods and Services Tax Imposition-Excise)
Act 1999
-
- the A New Tax System (Goods and Services Tax
Imposition-Customs) Act 1999
-
- the A New Tax System (Goods and Services Tax
Imposition-General) Act 1999, and
-
- the A New Tax System (Goods and Services Tax Administration)
Act 1999.
-
- Paragraphs 1 and 2 of Article 50 of the Vienna Convention on
Consular Relations is as follows:
EXEMPTION FROM CUSTOMS DUTIES AND INSPECTION
-
- The receiving State shall, in accordance with such laws and
regulations as it may adopt, permit entry of and grant exemption
from all customs duties, taxes, and related charges other than
charges for storage, cartage and similar services, on:
-
- articles for the official use of the consular post;
- articles for the personal use of a consular officer or members
of his family forming part of his household, including articles
intended for his establishment. The articles intended for
consumption shall not exceed the quantities necessary for direct
utilization by the persons concerned.
-
- Consular employees shall enjoy the privileges and exemptions
specified in paragraph 1 of this Article in respect of articles
imported at the time of first installation.
-
- Article 62 of the Vienna Convention on Consular Relations is as
follows:
EXEMPTION FROM CUSTOMS DUTIES
The receiving State shall, in accordance with
such laws and regulations as it may adopt, permit entry of, and
grant exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services on the
following articles, provided that they are for the official use of
a consular post headed by an honorary consular officer:
coats-of-arms, flags, signboards, seals and stamps, books, official
printed matter, office furniture, office equipment and similar
articles supplied by or at the instance of the sending State to the
consular post.
- Paragraph 1 of article 36 of the Vienna Convention on
Diplomatic Relations is as follows:
The receiving State shall, in accordance with
such laws and regulations as it may adopt, permit entry of and
grant exemption from all customs duties, taxes, and related charges
other than charges for storage, cartage and similar services,
on:
articles for the official use of the
mission;
articles for the personal use of a diplomatic
agent or members of his family forming part of his household,
including articles intended for his establishment.
- Paragraph 1 and 2 of Article 37, of the Vienna Convention on
Diplomatic Relations follows:
1. The members of the family of a diplomatic
agent forming part of his household shall, if they are not
nationals of the receiving State, enjoy the privileges and
immunities specified in Articles 29 to 36.
2. Members of the administrative and technical
staff of the mission, together with members of their families
forming part of their respective households, shall, if they are not
nationals of or permanently resident in the receiving State, enjoy
the privileges and immunities specified in Articles 29 to 35,
except that the immunity from civil and administrative jurisdiction
of the receiving State specified in paragraph 1 of Article 31 shall
not extend to acts performed outside the course of their duties.
They shall also enjoy the privileges specified in Article 36,
paragraph 1, in respect of articles imported at the time of first
installation.
David Kehhl
24 November 1999
Bills Digest Service
Information and Research Services
This paper has been prepared for general distribution to
Senators and Members of the Australian Parliament. While great care
is taken to ensure that the paper is accurate and balanced, the
paper is written using information publicly available at the time
of production. The views expressed are those of the author and
should not be attributed to the Information and Research Services
(IRS). Advice on legislation or legal policy issues contained in
this paper is provided for use in parliamentary debate and for
related parliamentary purposes. This paper is not professional
legal opinion. Readers are reminded that the paper is not an
official parliamentary or Australian government document.
IRS staff are available to discuss the paper's contents with
Senators and Members
and their staff but not with members of the public.
ISSN 1328-8091
© Commonwealth of Australia 1999
Except to the extent of the uses permitted under the
Copyright Act 1968, no part of this publication may be
reproduced or transmitted in any form or by any means, including
information storage and retrieval systems, without the prior
written consent of the Parliamentary Library, other than by Members
of the Australian Parliament in the course of their official
duties.
Published by the Department of the Parliamentary Library,
1999.
Back to top