Taxation Laws Amendment Act (No. 8) 2000 (156 of 2000)

Schedule 2   Imports

A New Tax System (Wine Equalisation Tax) Act 1999

20   At the end of Division 7

Add:

7-25 Goods returned to Australia in an unaltered condition

(1) A*local entry of wine is not taxable if:

(a) the wine was exported from Australia and is returned to Australia, without having been subject to any treatment, industrial processing, alteration or any other process since its export; and

(b) the importer was not entitled to, and did not claim, a payment under Division 25 (about the tourist refund scheme) related to the export of the wine; and

(c) the importer:

(i) is the manufacturer of the wine; or

(ii) has previously acquired the wine, and the supply by means of which the importer acquired the wine was a*taxable dealing; or

(iii) has previously imported the goods, and the previous importation was a*taxable dealing.

(2) A*local entry of wine is not taxable if:

(a) the importer had manufactured, acquired or imported the wine before 1 July 2000; and

(b) the wine was exported from Australia before, on or after 1 July 2000; and

(c) the wine is returned to Australia on or after 1 July 2000, without having been subject to any treatment, industrial processing, alteration or any other process since its export; and

(d) the importer was not entitled to, and did not claim, a payment under Division 25 (about the tourist refund scheme) related to the export of the wine; and

(e) the ownership of the wine when it is returned to Australia is the same as its ownership on 1 July 2000.

Note: An importation covered by this section may also be duty-free under item 17 of Schedule 4 to theCustoms Tariff Act 1995.