OPS 2017/1

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AUSTRALIAN GOVERNMENT

This legislative instrument replaces F2016L00510

Taxation Administration Act 1953
paragraph 396-70(4)(a) of Schedule 1

Legislative Instrument

I, Emma Rosenzweig, Deputy Commissioner of Taxation, make this determination under paragraph 396-70(4)(a) of Schedule 1 to the Taxation Administration Act 1953.

1. Name of instrument

This instrument is the Classes of Government Related Entities Exempt from Providing Third Party Reports Determination 2017.

2. Commencement

This instrument commences on 1 July 2017.

3. Repeal of previous instrument

This determination replaces Classes of Government Related Entities Exempt from providing Third Party Reports Determination 2016 - F2016L00510; registered on 14 April 2016 (previous determination). The previous determination is repealed on commencement of this determination.

4. Application

This instrument applies to government related entities (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999), excluding a Department of State of the Commonwealth, a State or a Territory, that are:

a)

Providers of education courses (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999);

b)

Providers of child care that are:

i.

registered carers (within the meaning of section 3 of the A New Tax System (Family Assistance) (Administration) Act 1999);

ii.

providers of approved child care services (within the meaning of section 3 of the A New Tax System (Family Assistance) (Administration) Act 1999); or

iii.

eligible for funding from the Commonwealth under guidelines made by the Child Care Minister (within the meaning of section 38-150 of the A New Tax System (Goods and Services Tax) Act 1999).

c)

Hospitals (within the meaning of subsection 121-5(5) of the Private Health Insurance Act 2007);

d)

Providers of medical services (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999);

e)

Cemeteries, cemetery boards or authorities;

f)

Ministerial Councils or related bodies, including those established by the Council of Australian Governments;

g)

Aboriginal Land Councils;

h)

National law bodies established under laws enacted by the States and Territories;

i)

Public museums, public libraries or public art galleries;

j)

Community associations, including parents and friends associations;

k)

Industry or professional associations, including registration and licencing boards and advisory councils;

l)

Water catchment authorities, catchment councils or natural resource management boards;

m)

Trustees of trusts, or managers of funds, established for the public benefit or in the public interest;

n)

Superannuation funds (within the meaning of the Superannuation Industry (Supervision) Act 1993);

o)

Defence force mess halls, canteens, brigades or clubs;

p)

Public zoological gardens, public botanical gardens, public parks, public reserves or public alpine resorts;

q)

Commissions of inquiry or Royal Commissions;

r)

Courts or tribunals;

s)

Commonwealth, State or Territory Houses of Parliament;

t)

Community-based volunteer emergency services including Country Fire Associations, volunteer fire brigades and State Emergency Services;

u)

Entities with the primary purpose of promoting the arts;

v)

Entertainment, recreation or sporting venues, including showgrounds, stadiums and racecourses, or entities with the primary purpose of managing such venues;

w)

Seaports or airports;

x)

Prisons, detention centres, remand centres, or corrections offices; or

y)

Embassies or consular offices.

5. Determination

Government related entities (within the meaning of section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999) to which this instrument applies are not required to give reports to the Commissioner of Taxation under table items 1 or 2 in section 396-55 of Schedule 1 to the Taxation Administration Act 1953.

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Dated: 21 June 2017

Emma Rosenzweig
Deputy Commissioner of Taxation

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Registration Number: F2017L00745

Registration Date: 26 June 2017

Related Explanatory Statements:

OPS 2017/1 - Explanatory statement

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