Document ID: chunk:federal_register_of_legislation:C2010C00691:schedule:38:p6
Version: federal_register_of_legislation:C2010C00691
Segment Type: schedule
Provision Reference: sch 38 (pt 6/7)
Character Range: 140814–143321

1992
*7* No. 114, 1992, as amended. For previous amendments, see Nos. 150, 191, 210
and 224, 1992; and No. 18, 1993.

TAXATION LAWS AMENDMENT ACT (No. 3) 1993No. 118, 1993
- SECT 135
General definitions

  135. Section 5 of the Principal Act is amended by inserting the following
definition:
  " 'eligible repair goods' has the meaning given by section 15C;".

TAXATION LAWS AMENDMENT ACT (No. 3) 1993No. 118, 1993
- SECT 136
Insertion of new section

  136. After section 15B of the Principal Act the following section is
inserted in Part 2:
Eligible repair goods
  "15C.(1) Goods are eligible repair goods if:
  (a) the goods are parts that are used by a person ('the claimant')
exclusively in the repair, renovation or reconditioning of Australian-used
goods owned by the claimant; and
  (b) as a result of that use, the goods become an integral part of the
Australian-used goods; and
  (c) after the goods become an integral part of the Australian-used goods,
property in the Australian-used goods passes under a contract from the
claimant to another person ('the exemption user'); and
  (d) the exemption user gives the claimant a declaration under subsection
(2).
  "(2) The declaration referred to in paragraph (1)(d) is a declaration that
either:
  (a) the Australian-used goods; or
  (b) if the claimant has used the Australian-used goods as parts exclusively
in the repair, renovation or reconditioning of other Australian-used goods so
as to become an integral part of those other goods-those other goods;
are for use by the exemption user so as to satisfy one or more of exemption
Items 1, 2, 18, 23, 28, 29, 33, 35, 36 and 38. The declaration must be in
writing in a form approved by the Commissioner and be signed by the exemption
user.
  "(3) The time when the goods become eligible repair goods is the later of
the time when property in the Australian-used goods passes to the exemption
user and the time when the exemption user gives the declaration to the
claimant.".

TAXATION LAWS AMENDMENT ACT (No. 3) 1993No. 118, 1993
- SECT 137
Amending Acts cannot impose penalties etc. earlier than 28 days after
Royal Assent

  137. Section 129 of the Principal Act is amended by inserting after
subsection (2) the following subsection:
  "(2A) This section does not relieve a person from liability to a sales tax
penalty to the extent to which the liability would have existed if the sales
tax amending Act had not been enacted.".

TAXATION LAWS AMENDMENT ACT (No. 3) 1993No. 118, 1993
- SECT 138