A New Tax System (Goods and Services Tax) Act 1999

Chapter 4 - The special rules  

Part 4-7 - Special rules mainly about returns, payments and refunds  

Note:

The special rules in this Part mainly modify the operation of Part 2-7 , but they may affect other Parts of Chapter 2 in minor ways.

Division 171 - Customs security etc. given on taxable importations  

171-5   Security or undertaking given under section 162 or 162A of the Customs Act  

(1)    


An amount of * assessed GST on a * taxable importation of goods is not payable if:


(a) a security or undertaking described in section 162 of the Customs Act 1901 has been given; and


(b) the provisions of the regulations mentioned in paragraph 162(3)(a) of that Act are complied with; and


(c) either:


(i) the goods are exported within the relevant period mentioned in paragraph 162(3)(b) of that Act; or

(ii) one or more of the circumstances or conditions specified in the regulations mentioned in paragraph 162(3)(b) of that Act apply in relation to the goods.
Note:

Section 162 of the Customs Act 1901 allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation.


(1A)    


An amount of *assessed GST on a * taxable importation of goods is not payable if:


(a) a security or undertaking described in section 162A of the Customs Act 1901 has been given; and


(b) the goods are not dealt with in contravention of regulations made for the purposes of that section; and


(c) one or more of the following applies:


(i) the goods are exported within the relevant period mentioned in paragraph 162A(5)(b) of that Act;

(ii) if the goods are described in subsection 162A(5A) of that Act - the goods are exported before the end of the relevant day mentioned in paragraph 162A(5A)(b) of that Act;

(iii) one or more of the circumstances or conditions specified in the regulations mentioned in paragraph 162A(5)(b) of that Act apply in relation to the goods.
Note:

Section 162A of the Customs Act 1901 allows delivery of imported goods if the importer gives a security or undertaking to pay any customs duty, assessed GST and assessed luxury car tax relating to the importation.


(2)    


This section has effect despite section 33-15 (which is about payments of amounts of assessed GST on importations).



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