Document ID: chunk:federal_register_of_legislation:F2023C00564:reg:3:p2
Version: federal_register_of_legislation:F2023C00564
Segment Type: reg
Provision Reference: reg 3 (pt 2/4)
Character Range: 13112–15869

electronic payment.

33‑15.02  Application for approval
  An entity may apply to the Commissioner in the approved form for approval to make deferred payments of assessed GST on taxable importations.

33‑15.03  Requirements for approval
 (1) The Commissioner must, in writing, approve an application by an entity if the Commissioner is satisfied that:
 (a) the entity is registered under Part 2‑5 of the Act; and
 (b) the entity has an ABN; and
 (c) if the entity is an individual—the entity is not an undischarged bankrupt; and
 (d) the tax period applying to the entity is each individual month; and
 (e) if the entity is a member (but not the representative member) of a GST group—the representative member of the group is an approved entity; and
 (f) the entity will be able to meet the requirements in sections 33‑15.01A and 33‑15.01B; and
 (g) the bank guarantee (if any) required under section 33‑15.04 has been provided; and
 (h) it would not be appropriate to refuse the application under subsection (2), (3) or (4) of this section.
 (2) The Commissioner may refuse the application if the entity is a Chapter 5 body corporate (within the meaning of section 9 of the Corporations Act 2001).
 (3) The Commissioner may refuse the application if, in the period of 3 years before the date of the application:
 (a) the entity; or
 (b) if the entity is not an individual—an individual who is relevant to the entity's application;
has been convicted by a court, whether in Australia or in another country, of an offence in relation to taxation requirements, customs requirements, the misdescription of goods, trade practices, fair trading or the defrauding of a government.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
 (4) The Commissioner may refuse the application if the entity, or any of its related entities, has:
 (a) an outstanding tax‑related liability (within the meaning of section 995‑1 of the Income Tax Assessment Act 1997); or
 (b) a return outstanding under a taxation law.

33‑15.04  Bank guarantee requirement
 (1) If:
 (a) an entity applies for approval; and
 (b) a previous approval of the entity has been revoked under section 33‑15.08 of this instrument or regulation 33‑15.08 of the A New Tax System (Goods and Services Tax) Regulations 1999;
the Commissioner may require the entity to provide a bank guarantee in relation to the payment of deferred payments of assessed GST on taxable importations.
 (2) The guarantee must provide that, if an amount of assessed GST on taxable importations is not paid to the Commissioner on or before the day mentioned in