Education 2000/1
A New Tax System (Goods and Services Tax) Act 1999
I, DAVID KEMP, Minister for Education, Training and Youth Affairs make this Determination under paragraph 177-10(3)(a) of the A New Tax System (Goods and Services Tax) Act 1999.Legislative Instrument
Citation
This Determination is the A New Tax System (Goods and Services Tax) (Adult and Community Education Courses) Determination 2000.
2 Commencement
This Determination commences on 1 July 2000.
3 Definition
In this Determination, unless the contrary intention appears:
Act means the A New Tax System (Goods and Services Tax) Act 1999.
4 Purpose of Determination
The purpose of this Determination is to determine the kinds of courses, and the courses, that are adult and community education courses for the definition of adult and community education course in section 195-1 of the Act.
Note Under section 38-85 of the Act, the supply of an adult and community education course is GST-free. See subsection 9-30 (1) and Division 38 of the Act for the definition of GST-free.
5 Kind of courses determined to be adult and community education courses
(1) For paragraph (a) of the definition of adult and community education course in section 195-1 of the Act, a course of study or instruction of the kind mentioned in subsection (2) is determined to be an adult and community education course.
(2) For subsection (1), the course of study or instruction must:
- (a)
- not be a course mentioned, in paragraph (a), (b), (c), (d), (e), (f), (h), (i), (j) or (k) of the definition of education course in section 195-1 of the Act; and
- (b)
- be a course that is available to adults in the general community; and
- (c)
- not be a course that is provided by, or at the request of an employer to the employees of that employer; and
- (d)
- not be a course that is provided by, or at the request of an organisation to the members of that organisation, except an organisation for which membership is open to adults in the general community; and
- (e)
- not be a course that is provided by way of private tuition to an individual.
Note In addition to being of the kind described in subsection (2), the course of study or instruction must be a course of study or instruction that is likely to add to the employment related skills of people undertaking the course and provided by, or on behalf of, a body that:
- (a)
- is a higher education institution; or
- (b)
- is recognised, by a State or Territory authority, as a provider of courses of the kind described in subsection (2); or
- (c)
- is funded by a State or Territory on the basis that it is a provider of courses of the kind described in subsection (2).
See paragraph (a) of the definition of adult and community education course in section 195-1 of the Act.
6 Courses determined to be adult and community education courses
(1) For paragraph (b) of the definition of adult and community education course in section 195-1 of the Act, a course of study or instruction mentioned in subsection (2) is determined to be an adult and community education course.
(2) For subsection (1), the course of study or instruction must:
- (a)
- be a course of the kind described in subsection 5 (2); and
- (b)
- be provided by, or on behalf, of a body that:
- (i)
- is a body corporate that operates on a not-for-profit basis; and
- (ii)
- has not been refused recognition, or disqualified, by a State or Territory authority as a provider of courses of the kind described in subsection 5 (2) on the basis of failing to meet or maintain the standards required by that authority.
Note In addition to being of the kind described in subsection (2), the course must also be a course of study or instruction that is likely to add to the employment related skills of people undertaking the course: see the definition of adult and community education course in section 195-1 of the Act.
20 June 2000
David Kemp
Minister for Education, Training and Youth Affairs
Registration Number: F2006B00742
Registration Date: 2 August 2006
Related Explanatory Statements:
Education 2000/1 - Explanatory Statement