{"id":"financial-relations-agreement-consequential-provisions-act-2000","name":"Financial Relations Agreement (Consequential Provisions) Act 2000","slug":"financial-relations-agreement-consequential-provisions-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30109,"registerId":"nt-financial-relations-agreement-consequential-provisions-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Financial Relations Agreement (Consequential Provisions) Act 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nFINANCIAL RELATIONS AGREEMENT (CONSEQUENTIAL\nPROVISIONS) ACT\nAs in force at 1 July 2000\nTABLE OF PROVISIONS\nSection\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\n3. Objectives\nPART 2 – TOURISM MARKETING DUTY\nDivision 1 – Taxation (Administration) Act\n4. Principal Act\n5. Interpretation\n6. Repeal\n7. Regulatory offences\n8. Books, accounts etc.\nDivision 2 – Stamp Duty Act\n9. Schedule 1\nDivision 3 – Savings provision\n10. Savings\nPART 3 – FUEL SUBSIDIES\n11. Repeal and substitution\n47. Act does not apply to fuel supplied or used on or after 1 July 2000\nPART 4 – STAMP DUTY ON CERTAIN PRICES\nDivision 1 – Taxation (Administration) Act\n12. Principal Act\n13. Interpretation\n14. Assessment of duty payable on motor vehicle certificate of\nregistration\n15. Instrument to be made out\n\nii\n16. Returns in respect of hiring arrangements\nDivision 2 – Stamp Duty Act\n17. Schedule 1\nPART 5 – FINANCIAL INSTITUTIONS DUTY\n18. Principal Act\n19. Interpretation\n20. Receipts to which Act applies\n21. Short-term dealing\n22. Registered financial institutions: returns\n23. Short-term dealers: returns\n24. Payments to unregistered financial institutions\nPART 6 – STAMP DUTY ON MARKETABLE SECURITIES\nDivision 1 – Taxation (Administration) Act\n25. Principal Act\n26. Interpretation\n27. Unstamped instruments not to be registered\n28. Corporations to which this Division applies\n29. Repeal\n30. Conveyances subject to tax or stamp duty\n31. Repeal\n32. Application\n33. Regulatory offences\n34. Books, accounts etc.\n35. Regulations\nDivision 2 – Stamp Duty Act\n36. Repeal\n37. Schedule 1\n38. Schedule 2\nDivision 3 – Savings provisions\n39. Savings\nPART 7 – GAMBLING TAX\n40. Amendment of Racing and Betting Act\n41. Amendment of Gaming Machine Regulations\n\niii\nPART 8 – PAY-ROLL TAX\n42. Amendment of Pay-roll Tax Act\n3D. GST to be excluded from wages paid or payable by a person\nPART 9 – REFERENCES TO FEES AND CHARGES IN OTHER\nLEGISLATION\n43. References to fees and charges do not include GST\nPART 10 – MINERAL ROYALTIES\n44. Amendment of Mineral Royalty Act\n45. Amendment of McArthur River Project Agreement Ratification\nAct\n6. Calculation of royalties exclusive of GST\n46. Amendment of Merlin Project Agreement Ratification Act\n5A. Calculation of royalties exclusive of GST\n47. Amendment of Mt Todd Project Agreement Ratification Act\n6. Calculation of royalties exclusive of GST\n48. Amendment of Petroleum Act\nSCHEDULE\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nThis reprint shows the Act as in force at 1 July 2000. Any amendments that may\ncome into operation after that date are not included.\n____________________\nFINANCIAL RELATIONS AGREEMENT (CONSEQUENTIAL\nPROVISIONS) ACT\nAn Act to implement certain measures described in the Intergovernmental\nAgreement on the Reform of Commonwealth-State Financial Relations and\nfor that purpose to amend the Financial Institutions Duty Act, the Fuel\nSubsidies Act, the Mineral Royalty Act and 3 other related Acts, the Pay-roll\nTax Act, the Petroleum Act, the Racing and Betting Act, the Stamp Duty Act\nand the Taxation (Administration) Act, and for related purposes\nThe Legislative Assembly of the Northern Territory enacts as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Financial Relations Agreement\n(Consequential Provisions) Act. (See back note 1)\n2. Commencement\n(1) This Part comes into operation on the day on which the\nAdministrator's assent to this Act is declared.\n(2) Parts 2, 3, 4, 7, 8, 9 and 10 come into operation on 1 July 2000.\n(3) Parts 5 and 6 come into operation on 1 July 2001.\n3. Objectives\nThe objectives of this Act are –\n(a) to record the intention of the Territory to comply with, and give\neffect to, the Intergovernmental Agreement on the Reform of\nCommonwealth-State Financial Relations, a copy of which is set\nout in the Schedule; and\n\nFinancial Relations Agreement (Consequential Provisions) Act\n2\n(b) to implement, in part, measures described in that agreement.\nPART 2 – TOURISM MARKETING DUTY\nDivision 1 – Taxation (Administration) Act\n4. Principal Act\nThe Taxation (Administration) Act is in this Division referred to as the\nPrincipal Act.\n5. Interpretation\nSection 4 of the Principal Act is amended by omitting from the definition\nof \"return\" in subsection (1) \", 75, 80E\" and substituting \"or 75\".\n6. Repeal\nDivision 13A of Part III of the Principal Act is repealed.\n7. Regulatory offences\nSection 123A of the Principal Act is amended by omitting \", 76, 80B or\n80E\" and substituting \"or 76\".\n8. Books, accounts etc.\nSection 126 of the Principal Act is amended by omitting from subsection\n(1) \", 13 and 13A\" and substituting \"and 13\".\nDivision 2 – Stamp Duty Act\n9. Schedule 1\nSchedule 1 to the Stamp Duty Act is amended by omitting item 21A.\nDivision 3 – Savings provision\n10. Savings\n(1) The former Act continues to apply in relation to a letting of an\naccommodation unit to which Division 13A of Part III of that Act applied on or\nbefore 30 June 2000 and, subject to subsection (2), in relation to the stamp duty\npayable under item 21A in Schedule 1 to the Stamp Duty Act as in force\nimmediately before 1 July 2000 on an amount shown on a return under Division\n13A of Part III of the former Act.\n(2) Where a return lodged under section 80E of the former Act shows\nan amount as being paid or payable in respect of accommodation taken both\n\nFinancial Relations Agreement (Consequential Provisions) Act\n3\nbefore and on or after 1 July 2000, stamp duty is payable only on so much of the\namount as relates to accommodation taken before 1 July 2000.\n(3) In this section, \"former Act\" means the Taxation (Administration)\nAct as in force immediately before 1 July 2000.\nPART 3 – FUEL SUBSIDIES\n11. Repeal and substitution\nSection 47 of the Fuel Subsidies Act is repealed and the following\nsubstituted:\n\"47. Act does not apply to fuel supplied or used on or after 1 July 2000\n\"(1) This section applies despite the other sections of this Act.\n\"(2) On 1 July 2000, this Act ceases to apply in respect of prescribed\nfuel and diesel supplied on or after that date.\n\"(3) On and after 1 July 2000 –\n(a) prescribed fuel is no longer required under this Act to be supplied\nat the general subsidised price;\n(b) a general subsidy is no longer payable under this Act in respect of\nprescribed fuel supplied or used on or after that date;\n(c) the ORD subsidy is no longer payable under this Act in respect of\ndiesel supplied on or after that date but remains payable in respect\nof diesel supplied before that date and used on or after that date in\naccordance with section 20(1)(b);\n(d) the ORD subsidy is no longer payable under this Act to a licensed\nsupplier in respect of diesel used on or after that date in accordance\nwith section 20(2);\n(e) the special subsidy is no longer payable under this Act to McArthur\nRiver Mining Pty Ltd (\"MRM\") in respect of prescribed fuel or\ndiesel supplied to MRM on or after that date but remains payable in\nrespect of prescribed fuel and diesel supplied to MRM before that\ndate and used on or after that date in accordance with regulation\n10(1) of the Fuel Subsidies Regulations; and\n(f) the special subsidy is no longer payable under this Act to a person\nin respect of diesel supplied or used after that date in accordance\nwith regulation 10(2) of the Fuel Subsidies Regulations.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n4\n\"(4) On 1 July 2000, by virtue of this subsection, a fuel supplier's\nlicence is cancelled.\n\"(5) The Commissioner must refund to a person whose licence is\ncancelled under subsection (4) an amount that bears the same proportion to the\namount paid under section 7(2) for the grant of the licence as the portion of the\nperiod of the licence that, but for the cancellation, would have remained bears to\nthe total period of the licence.\".\nPART 4 – STAMP DUTY ON CERTAIN PRICES\nDivision 1 – Taxation (Administration) Act\n12. Principal Act\nThe Taxation (Administration) Act is in this Division referred to as the\nPrincipal Act.\n13. Interpretation\nSection 4 of the Principal Act is amended –\n(a) by inserting after the definition of \"company\" in subsection (1) the\nfollowing:\n\" 'consideration', in relation to a conveyance, means the consideration for\nthe conveyance without any deduction or discount for the amount\nof GST (if any) payable in relation to the supply of the property\nconveyed;\";\n(b) by inserting after the definition of \"goods\" in subsection (1) the following:\n\" 'GST' has the same meaning as in the A New Tax System (Goods and\nServices Tax) Act 1999 of the Commonwealth;\";\n(c) by omitting from subsection (1) the definition of \"premium\" and\nsubstituting the following:\n\" 'premium', in relation to insurance, means the gross amount charged or\npayable in respect of the insurance (which amount does not include\nany stamp duty paid or payable under this Act) –\n(a) without deduction for an amount paid or payable or allowed\nor allowable by way of discount or commission to an agent\nor other person for securing or arranging that insurance for\nor on behalf of the insurer; and\n(b) without any deduction or discount for the amount of GST (if\nany) payable in relation to the supply of the insurance,\n\nFinancial Relations Agreement (Consequential Provisions) Act\n5\nand includes an instalment of a premium;\";\n(d) by omitting from the definition of \"rent\" in subsection (1) \"penal rent\" and\nsubstituting \"penal rent but does include the amount of GST (if any)\npayable in relation to the supply of the property in respect of which the\nrent is paid or payable\";\n(e) by inserting after the definition of \"stamp duty\" in subsection (1) the\nfollowing:\n\" 'supply' has the same meaning as in the A New Tax System (Goods and\nServices Tax) Act 1999 of the Commonwealth;\"; and\n(f) by omitting the definition of \"unencumbered value\" in subsection (1) and\nsubstituting the following:\n\" 'unencumbered value', in relation to property (including an estate or\ninterest in property), means full value –\n(a) without regard to –\n(i) any encumbrance; or\n(ii) where the property is subject to a trust, not being a\npublic unit trust, any debts or liability of the trustee,\nwhether certain or contingent; and\n(b) including the amount of GST (if any) payable in relation to\nthe supply of the property;\".\n14. Assessment of duty payable on motor vehicle certificate of registration\nSection 59 of the Principal Act is amended by inserting after subsection\n(1) the following:\n\"(1A) For the purposes of this section, the dutiable value of a motor\nvehicle is to be calculated without any deduction or discount for the amount of\nGST (if any) payable in relation to the supply of the vehicle.\".\n15. Instrument to be made out\nSection 71 of the Principal Act is amended –\n(a) by omitting from subsection (2)(d) \"payable under\" and substituting \"paid\nor payable to the lender in relation to\"; and\n(b) by adding at the end the following:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n6\n\"(9) A reference in this section to the total amount paid or payable to a\nlender in relation to a hiring arrangement or the amount calculated under section\n78 in respect of a hiring arrangement is to be read as a reference to the total\namount paid or payable or the amount calculated exclusive of the amount of GST\n(if any) payable in relation to the supply of the property the subject of the hiring\narrangement.\".\n16. Returns in respect of hiring arrangements\nSection 75 of the Principal Act is amended –\n(a) by omitting from subsection (1)(a) \"received by him with respect to\" and\nsubstituting \"paid or payable to the registered lender in relation to\"; and\n(b) by adding at the end the following:\n\"(3) A reference in this section to the total amount paid or payable to a\nregistered lender in relation to hiring arrangements is to be read as a reference to\nthe total amount paid or payable exclusive of the amount of GST (if any) payable\nin relation to the supply of the property the subject of the hiring arrangements.\".\nDivision 2 – Stamp Duty Act\n17. Schedule 1\nSchedule 1 to the Stamp Duty Act is amended by omitting from item 9\n\"received under\" and substituting \"paid or payable to the lender in relation to\".\nPART 5 – FINANCIAL INSTITUTIONS DUTY\n18. Principal Act\nThe Financial Institutions Duty Act is in this Part referred to as the\nPrincipal Act.\n19. Interpretation\nSection 3 of the Principal Act is amended by omitting from the definition\nof \"receipt\" in subsection (1) \"includes\" and substituting \"means a receipt of\nmoney on or before 30 June 2001 and includes\".\n20. Receipts to which Act applies\nSection 6 of the Principal Act is amended by adding at the end of\nsubsection (1) \"but before 1 July 2001\".\n\nFinancial Relations Agreement (Consequential Provisions) Act\n7\n21. Short-term dealing\nSection 8 of the Principal Act is amended by omitting from subsection (1)\n\"where the amount is\" and substituting \"where the amount is received on or\nbefore 30 June 2001 and is\".\n22. Registered financial institutions: returns\nSection 13 of the Principal Act is amended by adding at the end the\nfollowing:\n\"(3) A registered financial institution is not required to furnish a return\nunder this section in respect of dutiable receipts that were received by the\nfinancial institution on or after 1 July 2001.\".\n23. Short-term dealers: returns\nSection 17 of the Principal Act is amended by adding at the end the\nfollowing:\n\"(3) A short-term dealer is not required to furnish a return under this\nsection relating to any month after 30 June 2001.\".\n24. Payments to unregistered financial institutions\nSection 18 of the Principal Act is amended by adding at the end the\nfollowing:\n\"(3) A person is not required to furnish a return under this section in\nrespect of money paid to an unregistered financial institution on or after 1 July\n2001.\".\nPART 6 – STAMP DUTY ON MARKETABLE SECURITIES\nDivision 1 – Taxation (Administration) Act\n25. Principal Act\nThe Taxation (Administration) Act is in this Division referred to as the\nPrincipal Act.\n26. Interpretation\nSection 4 of the Principal Act is amended –\n(a) by omitting from subsection (1) the definitions of \"Australian Stock\nExchange\" and \"broker\";\n(b) by omitting from subsection (1) the definition of \"marketable security\" and\nsubstituting the following:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n8\n\" 'marketable security' includes –\n(a) a share in the capital of, or a debenture of, a company that is\nnot quoted on a recognised stock exchange;\n(b) a right (whether existing or future and whether contingent or\nnot) of a person to have issued or transferred to the person a\nshare or debenture of a kind referred to in paragraph (a),\nwhether on payment of money or other consideration or not;\nand\n(c) any right or interest (whether described as a unit, sub-unit or\notherwise) of a beneficiary under a unit trust scheme that is\nnot quoted on a recognised stock exchange;\";\n(c) by inserting after the definition of \"recipient\" in subsection (1) the\nfollowing:\n\" 'recognised stock exchange' means a stock exchange prescribed as a\nrecognised stock exchange for the purposes of this Act;\";\n(d) by omitting from the definition of \"return\" in subsection (1) \"64, 69N,\";\n(e) by omitting from subsection (1) the definition of \"SCH-regulated transfer\";\n(f) by omitting from paragraph (d) of the definition of \"trustee\" in subsection\n(1) \"winding-up;\" and substituting \"winding-up; and\";\n(g) by omitting paragraph (e) of the definition of \"trustee\" in subsection (1);\nand\n(h) by omitting subsection (4).\n27. Unstamped instruments not to be registered\nSection 9A of the Principal Act is amended –\n(a) by omitting \"(1) Subject to subsection (2), a person\" and substituting \"A\nperson\"; and\n(b) by omitting subsections (2) and (3).\n28. Corporations to which this Division applies\nSection 56N of the Principal Act is amended by omitting subsection (1)(a)\nand substituting the following:\n\"(a) a corporation, other than a corporation whose shares are quoted on\na recognised stock exchange; and\".\n\nFinancial Relations Agreement (Consequential Provisions) Act\n9\n29. Repeal\nDivision 10 of Part III of the Principal Act is repealed.\n30. Conveyances subject to tax or stamp duty\nSection 67 of the Principal Act is amended –\n(a) by omitting \"(3) or\";\n(b) by omitting \"(including an SCH regulated transfer)\"; and\n(c) by omitting paragraph (b) and substituting the following:\n\"(b) of a company, other than an Australian incorporated company –\n(i) if the marketable security was, immediately before the\nconveyance was executed, registered in a register kept in the\nTerritory by a company; or\n(ii) where there is no register of marketable securities kept by\nthe company in Australia – if the place of the registered\noffice of the company is in the Territory; or\".\n31. Repeal\nDivisions 11B and 12 of Part III of the Principal Act are repealed.\n32. Application\nSection 83A of the Principal Act is amended by omitting from subsection\n(1) \", other than a transaction referred to in Division 10, 11B or 12 which,\" and\nsubstituting \"that,\".\n33. Regulatory offences\nSection 123A of the Principal Act is amended by omitting \"62, 63, 64,\n69N,\".\n34. Books, accounts etc.\nSection 126 of the Principal Act is amended by omitting from subsection\n(1) \", 10\".\n35. Regulations\nSection 129 of the Principal Act is amended by omitting paragraph (ba).\n\nFinancial Relations Agreement (Consequential Provisions) Act\n10\nDivision 2 – Stamp Duty Act\n36. Repeal\nSection 8D of the Stamp Duty Act is repealed.\n37. Schedule 1\nSchedule 1 to the Stamp Duty Act is amended –\n(a) by omitting item 20(1), (2) and (3);\n(b) by omitting from item 20(4) \"not dutiable by virtue of paragraph (1), (2) or\n(3)\"; and\n(c) by omitting item 20(5).\n38. Schedule 2\nSchedule 2 to the Stamp Duty Act is amended by omitting items 10, 11, 12,\n18, 23 and 24.\nDivision 3 – Savings provisions\n39. Savings\n(1) The former Taxation Administration Act continues to apply in\nrelation to the following:\n(a) the sale or purchase of a marketable security to which Division 10\nof Part III of the former Taxation Administration Act applied that\nwas made or effected on or before 30 June 2001;\n(b) the conveyance of a marketable security (including an SCH-related\ntransfer) to which Division 11 of Part III of the former Taxation\nAdministration Act applied that was made or effected on or before\n30 June 2001;\n(c) a relevant transaction to which Division 11B of Part III of the\nformer Taxation Administration Act applied that was made or\neffected, or deemed to have been made or effected, on or before 30\nJune 2001;\n(d) a SCH-regulated transfer to which Division 12 of Part III of the\nformer Taxation Administration Act applied that was made or\neffected on or before 30 June 2001;\n(e) a relevant transaction to which section 8D of the former Stamp\nDuty Act applied that was made or effected, or deemed to have\nbeen made or effected, on or before 30 June 2001;\n\nFinancial Relations Agreement (Consequential Provisions) Act\n11\n(f) the stamp duty payable under item 20(1), (2), (3), (4) or (5) in\nSchedule 1 to the former Stamp Duty Act on a sale, purchase or\nconveyance of a marketable security, or on a relevant transaction,\nthat was made or effected, or deemed to have been made or\neffected, on or before 30 June 2001;\n(g) an exemption under item 10, 11, 12, 18, 23 or 24 in Schedule 2 to\nthe former Stamp Duty Act from the stamp duty otherwise payable\non a purchase, sale or transfer of a marketable security that was\nmade or effected on or before 30 June 2001.\n(2) In this section –\n\"former Stamp Duty Act\" means the Stamp Duty Act as in force\nimmediately before 1 July 2001;\n\"former Taxation Administration Act\" means the Taxation\n(Administration) Act as in force immediately before 1 July 2001.\nPART 7 – GAMBLING TAX\n40. Amendment of Racing and Betting Act\nSection 106 of the Racing and Betting Act is amended –\n(a) by omitting subsection (1)(a) and substituting the following:\n\"(a) 0.0% on amounts wagered by persons in Australia on sporting\nevents, other than horse races, trotting races or greyhound races;\n(aa) 0.25% on amounts wagered by persons in New Zealand on sporting\nevents, other than horse races, trotting races or greyhound races;\";\n(b) by omitting from subsection (1)(b) \"1.55%\" and substituting \"1.0%\"; and\n(c) by omitting from subsection (2) \"1.55%\" and substituting \"1.0%\".\n41. Amendment of Gaming Machine Regulations\n(1) Regulation 33 of the Gaming Machine Regulations is amended by\nomitting \"47%\" and substituting \"37.91%\".\n(2) Regulation 33 of the Gaming Machine Regulations as amended by\nsubsection (1) may be amended or repealed by a regulation as if the amendment\nhad been made by a regulation.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n12\nPART 8 – PAY-ROLL TAX\n42. Amendment of Pay-roll Tax Act\nThe Pay-roll Tax Act is amended by inserting after section 3C in Part I the\nfollowing:\n\"3D. GST to be excluded from wages paid or payable by a person\n\"(1) For the purposes of this Act, the wages paid or payable to a person\ndo not include the relevant proportion of the amount of GST (if any) payable by\nthe person in relation to the supply to which the wages relate.\n\"(2) In this section –\n'consideration', 'GST' and 'supply' have the same respective meanings as in\nthe A New Tax System (Goods and Services Tax) Act 1999 of the\nCommonwealth;\n'relevant proportion' means the proportion that the amount or value of the\nwages paid or payable to the person bears to the consideration for\nthe supply to which the wages relate.\".\nPART 9 – REFERENCES TO FEES AND CHARGES IN OTHER\nLEGISLATION\n43. References to fees and charges do not include GST\n(1) A reference in an Act or an instrument of a legislative or\nadministrative character under an Act to the amount or value of a fee or charge\nimposed by or under an Act is to be taken not to include the GST (if any) payable\nin relation to the supply to which the fee or charge relates.\n(2) Where GST is payable in relation to a supply to which a fee or\ncharge imposed by or under an Act relates, the amount of GST payable is\nrecoverable by the Territory from the person liable to pay the fee or charge.\n(3) In their application to an Act or an instrument of a legislative or\nadministrative character under an Act, subsections (1) and (2) yield to a contrary\nintention.\n(4) In subsections (1) and (2), \"GST\" and \"supply\" have the same\nrespective meanings as in the A New Tax System (Goods and Services Tax) Act\n1999 of the Commonwealth.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n13\nPART 10 – MINERAL ROYALTIES\n44. Amendment of Mineral Royalty Act\n(1) Section 7 of the Mineral Royalty Act is amended by adding at the\nend the following:\n\"(6) In calculating an amount of expenditure for the purposes of this\nsection, subject to subsection (7), an amount or value that affects the calculation is\nto be taken to be the amount or value exclusive of the amount of GST (if any)\npayable in relation to a supply to which that amount or value relates.\n\"(7) Where an amount or value that affects the calculation referred to in\nsubsection (6) is directly attributable to an acquisition that relates to a supply that\nis input taxed, the amount or value is to be taken to be the amount or value\ninclusive of the amount of GST (if any) payable in relation to the acquisition to\nwhich that amount or value relates.\n\"(8) In subsections (6) and (7), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n(2) Section 10 of the Mineral Royalty Act is amended by adding at the\nend the following:\n\"(9) For the purpose of calculating or recalculating an amount of royalty\nunder this section, subject to subsection (10), an amount or value that affects the\ncalculation or recalculation is to be taken to be the amount or value exclusive of\nthe amount of GST (if any) payable in relation to a supply to which that amount\nor value relates.\n\"(10) Where an amount or value that affects the calculation or\nrecalculation referred to in subsection (9) is directly attributable to an acquisition\nthat relates to a supply that is input taxed, the amount or value is to be taken to be\nthe amount or value inclusive of the amount of GST (if any) payable in relation to\nthe acquisition to which that amount or value relates.\n\"(11) In subsections (9) and (10), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n45. Amendment of McArthur River Project Agreement Ratification Act\nThe McArthur River Project Agreement Ratification Act is amended by\ninserting after section 5 the following:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n14\n\"6. Calculation of royalties exclusive of GST\n\"(1) For the purpose of calculating or recalculating an amount of royalty\nunder clause 22(4) of the Agreement, subject to subsection (2), an amount or\nvalue that affects the calculation or recalculation is to be taken to be the amount\nor value exclusive of the amount of GST (if any) payable in relation to a supply to\nwhich that amount or value relates.\n\"(2) Where an amount or value that affects the calculation or\nrecalculation referred to in subsection (1) is directly attributable to an acquisition\nthat relates to a supply that is input taxed, the amount or value is to be taken to be\nthe amount or value inclusive of the amount of GST (if any) payable in relation to\nthe acquisition to which that amount or value relates.\n\"(3) For the purposes of section 4(5), the Agreement is to be taken to be\namended to the extent necessary to give effect to subsections (1) and (2).\n\"(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n46. Amendment of Merlin Project Agreement Ratification Act\nThe Merlin Project Agreement Ratification Act is amended by inserting\nafter section 5 in Part 2 the following:\n\"5A. Calculation of royalties exclusive of GST\n\"(1) For the purpose of calculating or recalculating an amount of royalty\nunder clause 5 of the Agreement, subject to subsection (2), an amount or value\nthat affects the calculation or recalculation is to be taken to be the amount or\nvalue exclusive of the amount of GST (if any) payable in relation to a supply to\nwhich that amount or value relates.\n\"(2) Where an amount or value that affects the calculation or\nrecalculation referred to in subsection (1) is directly attributable to an acquisition\nthat relates to a supply that is input taxed, the amount or value is to be taken to be\nthe amount or value inclusive of the amount of GST (if any) payable in relation to\nthe acquisition to which that amount or value relates.\n\"(3) For the purposes of section 4(5), the Agreement is to be taken to be\namended to the extent necessary to give effect to subsections (1) and (2).\n\"(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n\nFinancial Relations Agreement (Consequential Provisions) Act\n15\n47. Amendment of Mt Todd Project Agreement Ratification Act\nThe Mt Todd Project Agreement Ratification Act is amended by inserting\nafter section 5 the following:\n\"6. Calculation of royalties exclusive of GST\n\"(1) For the purpose of calculating or recalculating an amount of royalty\nunder clause 18(2) of the Agreement, subject to subsection (2), an amount or\nvalue that affects the calculation or recalculation is to be taken to be the amount\nor value exclusive of the amount of GST (if any) payable in relation to a supply to\nwhich that amount or value relates.\n\"(2) Where an amount or value that affects the calculation or\nrecalculation referred to in subsection (1) is directly attributable to an acquisition\nthat relates to a supply that is input taxed, the amount or value is to be taken to be\nthe amount or value inclusive of the amount of GST (if any) payable in relation to\nthe acquisition to which that amount or value relates.\n\"(3) For the purposes of section 4(5), the Agreement is to be taken to be\namended to the extent necessary to give effect to subsections (1) and (2).\n\"(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n48. Amendment of Petroleum Act\nSection 84 of the Petroleum Act is amended by adding at the end the\nfollowing:\n\"(7) In calculating the gross value at the well-head of petroleum for the\npurposes of this section, subject to subsection (8), an amount or value that affects\nthe calculation is to be taken to be the amount or value exclusive of the amount of\nGST (if any) payable in relation to a supply to which that amount or value relates.\n\"(8) Where an amount or value that affects the calculation referred to in\nsubsection (7) is directly attributable to an acquisition that relates to a supply that\nis input taxed, the amount or value is to be taken to be the amount or value\ninclusive of the amount of GST (if any) payable in relation to the acquisition to\nwhich that amount or value relates.\n\"(9) In subsections (7) and (8), 'acquisition', 'GST', 'input taxed' and\n'supply' have the same respective meanings as in the A New Tax System (Goods\nand Services Tax) Act 1999 of the Commonwealth.\".\n____________________________\n\nFinancial Relations Agreement (Consequential Provisions) Act\n16\nSCHEDULE\nSection 3\nINTERGOVERNMENTAL AGREEMENT ON THE REFORM OF\nCOMMONWEALTH-STATE FINANCIAL RELATIONS\nTHE COMMONWEALTH OF AUSTRALIA\nTHE STATE OF NEW SOUTH WALES\nTHE STATE OF VICTORIA\nTHE STATE OF QUEENSLAND\nTHE STATE OF WESTERN AUSTRALIA\nTHE STATE OF SOUTH AUSTRALIA\nTHE STATE OF TASMANIA\nTHE AUSTRALIAN CAPITAL TERRITORY, AND\nTHE NORTHERN TERRITORY OF AUSTRALIA\nWHEREAS\n(1) the Special Premiers’ Conference on 13 November 1998 developed\nprinciples for the reform of Commonwealth-State financial relations;\n(2) the Commonwealth, States and Territories are in agreement that the\ncurrent financial relationship between levels of government must be\nreformed to facilitate a stronger and more productive federal system for\nthe new millennium;\n(3) while a majority of the States and Territories support the introduction of\nthe Goods and Services Tax (GST), the agreement of New South Wales,\nQueensland and Tasmania to the reform of Commonwealth-State financial\nrelations does not imply their in-principle endorsement of the GST;\n(4) an Agreement was reached between the Commonwealth and the States\nand Territories on the reform of Commonwealth-State financial relations\non 9 April 1999;\n(5) this revised Agreement was made necessary by the changes to the\nCommonwealth Government’s A New Tax System (ANTS) package\nannounced by the Prime Minister on 28 May 1999; and\n(6) this revised Agreement supersedes the previous Agreement of\n9 April 1999:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n17\nIT IS HEREBY AGREED:\nPART 1 – PRELIMINARY\nCommencement Clause\n1. This Agreement will commence between the Commonwealth, the States\nand the Territories on 1 July 1999 unless otherwise agreed by the Parties.\nObjectives\n2. The objectives of the reforms set down in this agreement include:\n(i) the achievement of a new national tax system, including the\nelimination of a number of existing inefficient taxes which are\nimpeding economic activity;\n(ii) the provision to State and Territory Governments of revenue from a\nmore robust tax base that can be expected to grow over time; and\n(iii) an improvement in the financial position of all State and Territory\nGovernments, once the transitional changes have been completed,\nrelative to that which would have existed had the current\narrangements continued.\n3. All Parties to the Agreement acknowledge the need to pursue on-going\nreform of Commonwealth-State financial relations.\nAcknowledgement of Agreement\n4. The Commonwealth will attach the Agreement as a schedule to the A New\nTax System (Commonwealth-State Financial Arrangements) Act 1999.\nThe Commonwealth will use its best endeavours to ensure the Act will\nrequire compliance with the Agreement. The States and Territories will\nattach the Agreement as a schedule to relevant State and Territory\nlegislation. The States and Territories will use their best endeavours to\nensure their legislation will require compliance with the Agreement.\nPART 2 – COMMONWEALTH-STATE FINANCIAL REFORM\nReform Measures\n5. The Parties will undertake all necessary steps to have appropriate\nlegislation enacted to give effect to the following reform measures.\n(i) The Commonwealth will legislate to provide all of the revenue\nfrom the GST to the States and Territories and will legislate to\nmaintain the rate and base of the GST in accordance with this\nAgreement.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n18\n(ii) The Commonwealth will cease to apply the Wholesale Sales Tax\nfrom 1 July 2000 and will not reintroduce it or a similar tax in the\nfuture.\n(iii) The temporary arrangements for the taxation of petrol, liquor and\ntobacco under the safety net arrangements announced by the\nCommonwealth on 6 August 1997 will cease on 1 July 2000.\n(iv) The payment of Financial Assistance Grants will cease on\n1 July 2000.\n(v) The Commonwealth will continue to provide Specific Purpose\nPayments (SPPs) to the States and Territories and has no intention\nof cutting aggregate SPPs as part of the reform process set out in\nthis Agreement, consistent with the objective of the State and\nTerritory Governments being financially better off under the new\narrangements.\n(vi) The States and Territories will cease to apply the taxes referred to\nin Appendix A from the dates outlined below and will not\nreintroduce them or similar taxes in the future.\n• Bed taxes, from 1 July 2000;\n• Financial Institutions Duty, from 1 July 2001;\n• Stamp duties on quoted marketable securities from\n1 July 2001;\n• Debits tax by 1 July 2005, subject to review by the\nMinisterial Council;\n(vii) The Ministerial Council will by 2005 review the need for retention\nof stamp duty on non-residential conveyances; leases; mortgages,\ndebentures, bonds and other loan securities; credit arrangements,\ninstallment purchase arrangements and rental arrangements; and on\ncheques, bills of exchange, promissory notes; and unquoted\nmarketable securities.\n(viii) The States and Territories will adjust their gambling tax\narrangements to take account of the impact of the GST on\ngambling operators.\n(ix) Following negotiations under the CSHA, the States and Territories\nwill ensure that increases in pensions and allowances specified in\nthe tax reform package will not flow through to increased public\nhousing rents where these rents are linked to the level of pensions.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n19\n(x) Nothing in this clause will prevent any Party from introducing anti-\navoidance measures that are reasonably necessary to protect its\nremaining tax base or liabilities accrued prior to the date the tax\nceases to apply.\nGST Legislation\n6. All Parties agree to reconsider this Agreement should the Commonwealth\nParliament pass the GST legislation in a way that significantly affects this\nAgreement.\nDistribution of GST Revenue\n7. The Commonwealth will make GST revenue grants to the States and\nTerritories equivalent to the revenue from the GST subject to the\narrangements in this Agreement. GST revenue grants will be freely\navailable for use by the States and Territories for any purpose.\n8. The Commonwealth will distribute GST revenue grants among the States\nand Territories in accordance with horizontal fiscal equalisation (HFE)\nprinciples subject to the transitional arrangements set out below and other\nrelevant provisions of this Agreement.\n9. Details of the payment arrangements are contained in Appendix B to this\nAgreement.\nTransitional Arrangements\n10. In each of the transitional years following the introduction of the GST, the\nCommonwealth guarantees that the budgetary position of each individual\nState and Territory will be no worse off than it would have been had the\nreforms set out in this Agreement not been implemented.\n11. The Commonwealth will extend the transitional period by Regulation (as\nprovided for in the A New Tax System (Commonwealth-State Financial\nArrangements) Act 1999) to give effect to the commitments in clause 10 in\nthe event that transitional assistance is required by any State or Territory\nafter 30 June 2003.\n12. To meet this guarantee, the Commonwealth will make transitional\nassistance payments to each State and Territory, as necessary, over this\nperiod. These payments will take the form of interest free loans and grants\nin July 2000-01 and grants paid quarterly in subsequent years and will be\nfreely available for use by the States and Territories for any purpose. Any\npayments or repayments made by way of loans or grants under the\nCommonwealth’s guarantee will be excluded from assessments of per\ncapita relativities recommended by the Commonwealth Grants\nCommission (CGC).\n\nFinancial Relations Agreement (Consequential Provisions) Act\n20\n13. The amounts of any additional assistance under the guarantee will be\ndetermined in accordance with the processes set out in Appendix C to this\nAgreement.\n14. After the second year following the introduction of the GST, GST revenue\ngrants will be determined on the basis of HFE principles. That is, after the\nfirst two years, any State or Territory which is receiving more than would\nhave been received under the current arrangements will retain that excess.\nFirst Home Owners Scheme\n15. To offset the impact of the introduction of a GST, the States and\nTerritories will assist first homebuyers through the funding and\nadministration of a new uniform First Home Owners Scheme.\n16. This assistance will be provided to first home owners consistent with\nAppendix D to this Agreement.\nApplication of the GST to Government\n17. The Parties intend that the Commonwealth, States, Territories and local\ngovernment and their statutory corporations and authorities will operate as\nif they were subject to the GST legislation. They will be entitled to\nregister, will pay GST or make voluntary or notional payments where\nnecessary and will be entitled to claim input tax credits in the same way as\nnon-Government organisations. All such payments will be included in\nGST revenue.\n18. The Commonwealth will legislate to require the States and the Northern\nTerritory to withhold from any local government authority being in breach\nof Clause 17 a sum representing the amount of unpaid voluntary or\nnotional GST payments. Amounts withheld will form part of the GST\nrevenue pool. Detailed arrangements will be agreed by the Ministerial\nCouncil on advice from Heads of Treasuries.\nGovernment Taxes and Charges\n19. The Commonwealth, States and Territories agree that the GST does not\napply to the payment of some taxes and compulsory charges.\n20. The Parties will agree a list of taxes and compulsory charges that are\noutside the scope of the GST. This list will be promulgated by a\ndetermination by the Commonwealth Treasurer as set out in Division 81-5\nof the A New Tax System (Goods and Services Tax) Act 1999 (the GST\nAct).\n21. In agreeing the list, the Commonwealth, States and Territories will have\nregard to the following principles:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n21\n(i) taxes that are in the nature of a compulsory impost for general\npurposes and compulsory charges by the way of fines or penalties\nshould not be subject to GST as these will not relate to any specific\nsupply of goods or services;\n(ii) similarly, those regulatory charges that do not relate to particular\ngoods or services should be outside the scope of the GST; and\n(iii) the inclusion of any other charge in the Commonwealth Treasurer’s\ndetermination notwithstanding that it may relate to the supply of a\nparticular good or service will require the unanimous agreement of\nthe Commonwealth, States and Territories.\n22. The agreed list of taxes and other compulsory charges that are outside the\nscope of the GST will be subject to on-going review and adjustment as\nnecessary in consultation with the Ministerial Council. The Parties will\nnotify any objections to changes to the list within a period to be specified\nby the Ministerial Council.\nReciprocal Taxation\n23. Reciprocal taxation will be progressed on a revenue neutral basis, through\nthe negotiation of a Reciprocal Taxation Agreement with the objectives of:\n(i) improving the transparency of tax arrangements between all levels\nof government;\n(ii) ensuring tax neutrality; and\n(iii) replacing the Statement of Policy Intent (SOPI) for the taxation\ntreatment of Government Business Enterprises with tax\narrangements which are broader in scope.\n24. It is the intention of the Parties to this Agreement that a National Tax\nEquivalent Regime (NTER) for income tax will be operational for State\nand Territory government business enterprises from 1 July 2000. It is also\nintended that the reciprocal application of other Commonwealth, State and\nTerritory taxes will be subsequently implemented as soon as practicable.\n25. Local government organisations will be consulted with a view to making\nthe NTER for income tax operational for wholly owned local government\nbusiness enterprises from 1 July 2000 and including local government in\nthe Reciprocal Tax Agreement at a later date.\n26. Where the application of full indirect reciprocal tax arrangements is\nprevented by the Constitution, jurisdictions have agreed to work\ncooperatively to introduce voluntary payment arrangements in these\ncircumstances.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n22\n27. All governments have agreed that no further compensation payments will\nbe payable by any jurisdiction under the SOPI.\nMonitoring of Prices\n28. In accordance with the Trade Practices Act 1974, as amended, the\nAustralian Competition and Consumer Commission will formally monitor\nprices and take action against businesses that take pricing decisions in a\nmanner inconsistent with tax reform.\n29. In order to ensure that these measures apply to the whole economy, the\nStates and Territories will adopt the Schedule version of Part VB of the\nTrade Practices Act 1974 (part XIAA of the New Tax System Price\nExploitation Code) to extend the measures in Part VB to cover those areas\noutside the Commonwealth’s constitutional power. All Parties will work\ntowards having any necessary legislation in place by 1 July 1999.\n30. The monitoring and prohibition on unreasonable pricing decisions will\ncommence on 1 July 1999 and continue until 30 June 2002.\nPART 3 – ADMINISTRATION OF THE GST\nManagement of the GST Rate\n31. After the introduction of the GST, a proposal to vary the 10 per cent rate\nof the GST will require:\n(i) the unanimous support of the State and Territory Governments;\n(ii) the endorsement by the Commonwealth Government of the day;\nand\n(iii) the passage of relevant legislation by both Houses of the\nCommonwealth Parliament.\nManagement of the GST Base\n32. Subject to clauses 34, 35 and 36 of this Agreement, after the introduction\nof the GST, any proposal to vary the GST base will require:\n(i) the unanimous support of the State and Territory Governments;\n(ii) the endorsement by the Commonwealth Government of the day;\nand\n(iii) the passage of relevant legislation by both Houses of the\nCommonwealth Parliament.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n23\n33. All future changes to the GST base should be consistent with:\n(i) the maintenance of the integrity of the tax base;\n(ii) simplicity of administration; and\n(iii) minimising compliance costs for taxpayers.\n34. A proposal to vary the GST base by way of a Ministerial determination\nunder the GST Act and the GST Transition Act will require the unanimous\nagreement of the Ministerial Council established under clause 40. The\nMinisterial Council will develop practical arrangements to ensure timely\nconsideration of proposed Ministerial determinations.\n35. During the first 12 months following the implementation of the GST, the\nCommonwealth Government will retain the discretion to make changes\nunilaterally to the GST base where such changes:\n(i) are of an administrative nature (as defined in Appendix E to this\nAgreement);\n(ii) are necessary to facilitate the implementation of the new tax; and\n(iii) have regard to the need to protect the revenue of the States and\nTerritories.\n36. From July 2001, changes to the GST base of an administrative nature\n(as defined in Appendix E) would require the majority support of the\nCommonwealth, the States and the Territories.\nAustralian Taxation Office\n37. The States and Territories will compensate the Commonwealth for the\nagreed costs incurred by the Australian Taxation Office (ATO) in\nadministering the GST.\n38. Accountability and performance arrangements will be established between\nthe ATO and the State and Territory Governments consistent with\nAppendix F to this Agreement. These arrangements will include\nmaximising compliance, cost efficiency, simplicity for taxpayers and\nadministrative transparency.\n39. The ATO and State and Territory Governments will collaborate to explore\noptions for the States and Territories to benefit from the use of the\nAustralian Business Number system.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n24\nPART 4 – INSTITUTIONAL ARRANGEMENTS\nEstablishment of Ministerial Council\n40. A Ministerial Council comprising the Commonwealth, the States and the\nTerritories will be established from 1 July 1999 to oversee the operation of\nthis Agreement.\n41. The membership of the Ministerial Council will comprise the Treasurer of\nthe Commonwealth and the Treasurers of the States and Territories\n(or designated representatives).\n42. The functions of the Ministerial Council will include:\n(i) the oversight of the operation of the GST;\n(ii) the oversight and coordination of the implementation of this\nAgreement;\n(iii) the review of matters of operational significance raised through the\nGST Administration Sub-Committee;\n(iv) discussion of CGC recommendations regarding relativities prior to\nthe Commonwealth Treasurer making a determination;\n(v) monitoring compliance with the conditions governing the provision\nof assistance to first home owners set out in Appendix D to this\nAgreement;\n(vi) monitoring compliance with the Commonwealth’s undertaking\nwith respect to SPPs;\n(vii) considering reports of the GST Administration Sub-Committee on\nthe performance of the ATO in GST administration;\n(viii) reviewing the operation of the Agreement over time and\nconsidering any amendments which may be proposed as a\nconsequence of such review;\n(ix) making recommendations to the Commonwealth Treasurer on the\nGuaranteed Minimum Amount applying to each State and Territory\nunder the Transitional Arrangements;\n(x) approving changes to the GST base which require the support of a\nmajority of Commonwealth, State and Territory Governments;\n(xi) considering on-going reform of Commonwealth-State financial\nrelations; and\n\nFinancial Relations Agreement (Consequential Provisions) Act\n25\n(xii) considering other matters covered in this Agreement.\n43. The Treasurer of the Commonwealth will convene the Ministerial Council\nin consultation with the other members of the Council not less than once\neach financial year. If the Commonwealth Treasurer receives a request\nfrom a member of the Council, he will consult with the other members\nconcerning convening a meeting. The Treasurer of the Commonwealth\nwill be the chair of the Council. The Council may also conduct its business\nby correspondence.\n44. All questions arising in the Ministerial Council will be determined by\nunanimous agreement unless otherwise specified in this Agreement.\n45. While it is envisaged that the Ministerial Council will take decisions on\nmost business arising from the operation of this Agreement, major issues\nwill be referred by the Ministerial Council to Heads of Government for\nconsideration, including under the auspices of the Council of Australian\nGovernments.\n46. The Ministerial Council will establish a GST Administration\nSub-Committee comprised of Commonwealth, State and Territory\nofficials to monitor the operation of the GST, make recommendations\nregarding possible changes to the GST base and rate and to monitor the\nATO’s performance in GST administration. The GST Administration\nSub-Committee will function in accordance with the arrangements set out\nin Appendix E to this Agreement.\nSIGNED for and on behalf of the Parties by:\n\nFinancial Relations Agreement (Consequential Provisions) Act\n26\nThe Honourable John Winston Howard,\nPrime Minister of the Commonwealth of\nAustralia, on the 20th day of June 1999\nin the presence of:\n)\n)\n)\n)\nThe Honourable Robert John Carr,\nPremier of the State of New South Wales,\non the 24th day of June 1999\nin the presence of:\n)\n)\n)\n)\nThe Honourable Jeffrey Gibb Kennett,\nPremier of the State of Victoria, on the\n26th day of June 1999 in the presence of:\n)\n)\n)\n)\nThe Honourable Peter Douglas Beattie,\nPremier of the State of Queensland,\non the 25th day of June 1999\nin the presence of:\n)\n)\n)\n)\nThe Honourable Richard Fairfax Court,\nPremier of the State of Western Australia,\non the 29th day of June 1999\nin the presence of:\n)\n)\n)\n)\nThe Honourable John Wayne Olsen,\nPremier of the State of South Australia,\non the 25th day of June 1999\nin the presence of:\n)\n)\n)\n)\nThe Honourable James Alexander Bacon,\nPremier of the State of Tasmania, on\nthe 25th day of June 1999 in the presence of:\n)\n)\n)\n)\nKate Carnell,\nChief Minister of the Australian Capital\nTerritory, on the 22nd day of June 1999\nin the presence of:\n)\n)\n)\n)\n\nFinancial Relations Agreement (Consequential Provisions) Act\n27\nThe Honourable Denis Gabriel Burke,\nChief Minister of the Northern Territory\nof Australia, on the 22nd day of June 1999\nin the presence of:\n)\n)\n)\n)\nAPPENDICES\nA: Taxes Subject to Reform\nB: Payment of GST Revenues to the States and Territories\nC: Transitional Arrangements\nD: First Home Owners Scheme\nE: GST Administration\nF: GST Administration Performance Agreement – Guiding Principles\n\nFinancial Relations Agreement (Consequential Provisions) Act\n28\nAPPENDIX A\nTAXES SUBJECT TO REFORM\nThe taxes which will cease to apply in accordance with paragraph 5 of this\nAgreement are set out below and in the relevant Commonwealth, State and\nTerritory statutes as at 13 November 1998.\nA1. The following taxes will cease to apply from 1 July 2000:\n(i) Wholesale Sales Tax\nSales tax levied on the value of the last wholesale sale of goods\nsold or otherwise dealt with as imposed by the Commonwealth’s\nSales Tax (Imposition) Acts.\n(ii) Bed Taxes\nAccommodation taxes levied on the cost of temporary residential\naccommodation.\nA2. The following State and Territory taxes will cease to apply from\n1 July 2001:\n(i) Financial Institutions Duty\nFinancial Institutions Duty levied on the value of receipts (credits)\nat financial institutions and on the average daily liabilities and/or\ninvestments of short term money market dealers.\n(ii) Stamp Duty on Marketable Securities\nStamp duty levied on turnover (ie sale price times quantity traded)\non the transfer of marketable securities quoted on the ASX or\nanother recognised stock exchange.\nThis excludes transfers of marketable securities in private\ncompanies and trusts, and in public companies and trusts where the\nsecurities are not quoted on the ASX or another recognised stock\nexchange.\nA3. The following State and Territory tax will cease to apply by 1 July 2005,\nsubject to review by the Ministerial Council:\n(i) Debits Tax\nDebits tax levied on the value of withdrawals (debits) from\naccounts with financial institutions with cheque drawing facilities.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n29\nDebits duty levied on transactions, including credit card\ntransactions. This does not include stamp duty on electronic debits\n(refer A4 (v) below).\nA4. The Ministerial Council will by 2005 review the need for retention of\nstamp duties on the following:\n(i) Stamp Duty on Non-residential Conveyances\nStamp duty levied on the value of conveyances other than\nresidential property conveyances.\n(ii) Stamp Duty on Non-quotable Marketable Securities\nStamp duty levied on transfers of marketable securities in private\ncompanies and trusts, and in public companies and trusts where the\nsecurities are not quoted on the ASX or another recognised stock\nexchange.\n(iii) Stamp Duty on Leases\nStamp duty levied on the rental payable under tenancy agreements.\n(iv) Stamp Duty on Mortgages, Bonds, Debentures and Other Loan\nSecurities\nStamp duty levied on the value of a secured loan property.\n(v) Stamp Duty on Credit Arrangements, Installment Purchase\nArrangements and Rental Arrangements\nStamp duty levied on the value of the loan under credit\narrangements.\nStamp duty levied on credit business in respect of loans made,\ndiscount transactions and credit arrangements.\nStamp duty levied on the price of goods purchased under\ninstallment purchase arrangements.\nStamp duty levied on the rent paid in respect of the hire of goods,\nincluding consumer and producer goods.\n(vi) Stamp Duty on Cheques, Bills of Exchange and Promissory Notes\nStamp duty levied on cheques, bills of exchange, promissory notes,\nor other types of payment orders, promises to pay or\nacknowledgment of debts, including duty on electronic debits.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n30\nAPPENDIX B\nPAYMENT OF GST REVENUES TO THE STATES AND TERRITORIES\nB1. Subject to the transitional arrangements and other relevant provisions in\nthis Agreement, the Commonwealth will distribute GST revenue grants\namong the States and Territories in accordance with horizontal fiscal\nequalisation (HFE) principles.\nB2. The pool of funding to be distributed according to HFE principles in a\nfinancial year will comprise GST revenue grants and health care grants as\ndefined under an Australian Health Care Agreement between the\nCommonwealth and the States and Territories. A State or Territory’s share\nof the pool will be based on its population share, adjusted by a relativity\nfactor which embodies per capita financial needs based on\nrecommendations of the Commonwealth Grants Commission. The\nrelativity factor for a State or Territory will be determined by the\nCommonwealth Treasurer after he has consulted with each State and\nTerritory.\nB3. The total amount of GST revenue to be provided to the States and\nTerritories in a financial year will be defined as:\n(i) the sum of GST collections, voluntary and notional payments\nmade by government bodies, and amounts withheld pursuant to\nclause 18; reduced by\n(ii) the amounts paid or applied under Division 35 of the GST Act and\nunder section 39 of the Taxation Administration Act 1953.\nB4. The total amount of GST revenue in a financial year will be determined by\nthe Commissioner of Taxation in the following way:\n(i) actual outcomes for the items listed in paragraph B3 for the period\n1 July to 31 May; plus\n(ii) estimated outcomes for the items listed in paragraph B3 for the\nmonth of June; plus\n(iii) an adjustment amount (which may be positive or negative) to\naccount for any difference between the estimated and actual\noutcome for the items listed in paragraph B3 for the month of June\nin the previous year.\nB5. GST revenue grants will be paid by the Commonwealth on the twenty-\nseventh day of each month. Where the scheduled payment day is a\nSaturday, Sunday or public holiday in Canberra, the payment will be made\non the next business day of the Reserve Bank of Australia in Canberra.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n31\nB6. The States and Territories shall be informed of the quantum of each\nmonthly payment by close of business Canberra time on the twenty sixth\nday of each month. Where the day is a Saturday, Sunday or public holiday\nin Canberra, the States and Territories shall be informed of the quantum of\nthe payment on the last business day of the Reserve Bank of Australia in\nCanberra prior to payment day.\nB7. The distribution between the States and Territories of the payments of\nGST revenue grants up to 15 June in each year will be based on:\n(i) the Treasurer’s determination of per capita relativities;\n(ii) the latest available Australian Bureau of Statistics’ projections, or\nestimates, of State and Territory populations as at 31 December;\n(iii) the latest available Department of Health and Aged Care estimates\nof health care grants to be provided to a State or Territory; and\n(iv) the latest available estimates of the guaranteed minimum amount\nfor each State and Territory to be calculated under Appendix C of\nthis Agreement.\nThe Commonwealth will inform the States and Territories of any changes\nto the estimates as part of the advice to be provided to the States and\nTerritories under paragraph B6.\nB8. The payments of GST revenue grants after 15 June in each year will take\ninto account the determinations of:\n(i) per capita relativities and Guaranteed Minimum Amounts by the\nTreasurer;\n(ii) populations by the Statistician;\n(iii) health care grants by the Minister administering the National\nHealth Act 1953; and\n(iv) GST revenues by the Commissioner of Taxation.\nFor this purpose, the final payment will be made no later than the\nseventeenth day of June in each year. Where the seventeenth day of June is\na Saturday, Sunday or public holiday in Canberra, the payment will be\nmade on the next business day of the Reserve Bank of Australia in\nCanberra.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n32\nB9. States shall be informed of the quantum of the final monthly payment of\nGST revenues grants by close of business Canberra time on the sixteenth\nday of June. Where the sixteenth day of June is a Saturday, Sunday or\npublic holiday in Canberra, the Commonwealth shall inform the States of\nthe quantum of the final payment on the last business day of the Reserve\nBank of Australia in Canberra prior to the thirteenth.\nB10. The timing of payments of GST revenue grants may be varied by\nagreement between the Parties to this Agreement.\nAPPENDIX C\nTRANSITIONAL ARRANGEMENTS\nGuarantee in Legislation\nC1. Commonwealth legislation will provide a State or Territory with an\nentitlement to an additional amount of funding from the Commonwealth to\noffset any shortfall between its entitlement to GST revenue grants and the\ntotal amount of funding which would ensure that the budgetary position of\na State or Territory is not worse off during the transition period.\n(i) In 2000-01, transitional assistance will be provided to a State or\nTerritory as a grant or an interest free loan to be repaid to the\nCommonwealth in full in 2001-02.\n(ii) In subsequent transitional years, transitional assistance will be\nprovided to a State or Territory as a grant.\nGuaranteed Minimum Amount\nC2. The amount of a State or Territory’s entitlement to transitional assistance\nin a financial year will be calculated by subtracting its entitlement to GST\nrevenue grants from a “Guaranteed Minimum Amount” constructed in the\nfollowing way:\nState revenues forgone: financial assistance grants, revenue replacement\npayments and State and Territory taxes as defined in Appendix A of this\nAgreement with the exception of stamp duties on marketable securities\nwhich will be the amount as if fully abolished.\nplus\nReduced revenues: the amount by which States and Territories adjust\ngambling taxation arrangements to take account of the impact of the GST\non gambling operators.\nplus\n\nFinancial Relations Agreement (Consequential Provisions) Act\n33\nInterest costs on cash flow shortfalls: the interest cost incurred by States\nand Territories as a result of the change to cash flows arising from the\nreplacement of weekly financial assistance grants, revenue replacements\nand State and Territory taxes with monthly GST revenue grants.\nplus\nLoan Repayments: in 2001-02 only, the repayment of a guarantee loan by\na State or Territory.\nplus\nAdditional expenditures: payments to first home owners in accordance\nwith Appendix D of this Agreement and the amount of the agreed GST\nadministration costs payable to the ATO by a State or Territory.\nplus\nOther items: $338 million spread evenly over three years starting in\n2000-01 in respect of the claim by States and Territories in relation to\nrevenue forgone from the abolition of the Wholesale Sales Tax (WST) Tax\nEquivalent Regimes (with the distribution to be agreed among the States\nand Territories).\nminus\nReduced expenditures: off-road diesel subsidies and reduced costs from\nthe removal of embedded WST and excises on purchases by a State or\nTerritory government.\nminus\nGrowth dividend: the increase in revenue to a State or Territory (not\nincluding GST revenue payments) that is attributable to the impact of the\nCommonwealth’s taxation reform measures on economic growth.\nplus\nAdjustments: from 2001-02, the net difference between preliminary\nestimates and outcomes or final estimates for items that were taken into\naccount in the previous year’s Guaranteed Minimum Amount.\nIn addition, $269 million in total, spread evenly over three years, will be included\nin the new Commonwealth State Housing Agreement starting in 2000-01 in\nrespect of the net increased public housing costs as a result of tax reform (with the\ndistribution to be agreed among the States and Territories).\n\nFinancial Relations Agreement (Consequential Provisions) Act\n34\nHeads of Treasuries’ Advice to Ministerial Council\nC3. The Guaranteed Minimum Amount for a State or Territory will be\ndetermined by the Commonwealth Treasurer by 10 June of each year of\nthe transition period. The Ministerial Council will make recommendations\nto the Treasurer on the Guaranteed Minimum Amount for each State and\nTerritory.\nC4. The Heads of Treasuries will provide written advice to the Ministerial\nCouncil on the following issues by the indicated dates.\n(i) By 1 March 2000, advice on the estimated loans and grants to be\nprovided to each State and Territory in 2000-01 and the amounts\nwhich the Commonwealth should provide to each State and\nTerritory on Tuesday 4 July 2000.\n(ii) By 1 November 2000 advice on the most recent estimates of\ntransitional assistance for the year and any adjustment that may\nneed to be made to the amount of the loans and grants made to each\nState and Territory.\n(iii) By 1 September of each subsequent year of the transition period,\nadvice on the most recent estimates of the transitional assistance to\nbe provided to each State and Territory in the financial year and the\ninstallment amounts which the Commonwealth should provide to\neach State and Territory on the first Tuesday of the following\nOctober and January. This advice should identify the adjustments\nfor the net difference between preliminary estimates and outcomes\nor final estimates for items that were taken into account in the\nprevious year’s Guaranteed Minimum Amount for a State or\nTerritory.\n(iv) By 1 March of each subsequent year of the transition period, advice\non the most recent estimates of the transitional assistance to be\nprovided to each State and Territory in both the current financial\nyear and the next financial year, and the installment amounts which\nthe Commonwealth should provide to each State and Territory on\nthe first Tuesday of the following April and July.\n(v) By 1 June of each year of the transition period, advice on the\nGuaranteed Minimum Amount for each State and Territory in the\ncurrent financial year.\nFrequency and Amounts of Payments and Repayments\nC5. In each year of the transitional period after 2000-01, the Commonwealth\nwill provide an installment of the guarantee payment to a State or Territory\non the first Tuesday (or the first business day thereafter) of January, April,\n\nFinancial Relations Agreement (Consequential Provisions) Act\n35\nJuly and October. The installment amounts will reflect the advice to be\nprovided to the Ministerial Council by the Heads of Treasuries under\nparagraph C4.\nC6. Adjustments to the total amount of additional assistance to a State or\nTerritory in light of actual GST collections and the Treasurer’s\ndetermination of the Guaranteed Minimum Amount will be made in\nconjunction with the payments of GST revenue grants after 10 June in\neach year.\nC7. A State or Territory will repay a loan which it receives from the\nCommonwealth in 2000-01 in quarterly installments in 2001-02. These\ninstallments will be paid to the Commonwealth on the same day on which\na State or Territory receives an amount of GST revenue grants in the\nmonths of July, October, January and April.\nC8. The methodology for calculating the amounts of particular components of\nthe Guaranteed Minimum Amount for a State or Territory has been agreed\nby the Heads of Treasuries and is set out in the document titled\nMethodology for Estimation of Components of the Guaranteed Minimum\nAmount.\nAPPENDIX D\nFIRST HOME OWNERS SCHEME\nPrinciples\nD1. The States and Territories will make legislative provision for the First\nHome Owners Scheme (FHOS) from 1 July 2000 which will incorporate\nprogramme criteria consistent with the following principles:\n(i) Eligible applicants will be entitled to $7,000 assistance (per\napplication) on eligible homes under the FHOS.\n(ii) Assistance will be available directly as a one off payment. If the\nrecipient expressly consents, it may be available as an offset against\nstatutory levies and charges or some combination of these.\n(iii) Eligible applicants must be natural persons who are Australian\ncitizens or permanent residents who are buying or building their\nfirst home in Australia. An applicant’s spouse (or de facto) must be\nincluded on the application.\n(iv) To qualify for assistance, neither the applicant or the applicant’s\nspouse (or de facto) must have previously owned a home, either\njointly, separately or with some other person.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n36\n(v) Entering into a binding contract or commencement of building\nin the case of owner builders, must have occurred on or after\n1 July 2000.\n(vi) An eligible home will be a new or established house, home unit,\nflat or other type of self contained fixed dwelling that meets local\nplanning standards. Fixed dwellings will include demountable\ndwellings where these meet local planning standards.\n(vii) An eligible home must be intended to be a principal place of\nresidence and occupied within a reasonable period. The home must\nbe located in the State or Territory in which the application is made.\nApplicants who have entered into a financing mechanism which\ninvolves a shared equity arrangement will be eligible.\n(viii) Assistance will not be means tested.\n(ix) The relevant State and Territory legislation will contain adequate\nadministrative review and appeal mechanisms, along with\nprovision to prevent abuse of the FHOS. The States and Territories\nwill cooperate in the exchange of information to identify eligible\nfirst home owners.\nOther matters\nD2. Funding of grants under the FHOS may not be drawn from Home\nPurchase Assistance (HPA) funds provided through the Commonwealth\nState Housing Agreement, including the pool of existing HPA revenues.\nD3. Further details concerning eligibility criteria consistent with the above\nprinciples are to be agreed between the Commonwealth and each State and\nTerritory.\nD4. The States and Territories will not introduce or vary any taxes or charges\nassociated with home purchase with the intention of offsetting the benefits\nof the FHOS for recipients.\nAPPENDIX E\nGST ADMINISTRATION\nE1. The Commissioner of Taxation has the general administration of the\nGST law.\nE2. The ATO will arrange for the Australian Customs Service to assist with\nthe collection of the GST on imports.\nE3. During the first 12 months following the implementation of the GST, the\nCommonwealth will retain the discretion to make changes to the GST base\n\nFinancial Relations Agreement (Consequential Provisions) Act\n37\nof an administrative nature. For this purpose, changes of an administrative\nnature involves legislation necessary to:\n(i) protect the integrity of the GST base; or\n(ii) prevent tax avoidance.\nE4. The Commonwealth will include the definition of change of an\nadministrative nature in the A New Tax System (Commonwealth-State\nFinancial Arrangements) Bill 1999.\nE5. From July 2001, changes of an administrative nature as defined in E3 will\nrequire the majority support of the Commonwealth, States and Territories.\nE6. The GST Administration Sub-Committee, which will commence operation\nfrom 1 July 1999, will monitor the operation and administration of the\nGST and make recommendations regarding modifications to the GST and\nthe administration of the GST.\nE7. The GST Administration Sub-Committee will comprise officials from\neach Party to the Agreement including representatives from the ATO as\nrequired. The Commonwealth Treasury will chair the GST Administration\nSub-Committee.\nE8. The Chair will convene the GST Administration Sub-Committee in\nconsultation with other members of the Sub-Committee as often as may be\nnecessary to conduct its business. If the Chair receives a request from a\nmember of the Sub-Committee, the Chair will consult with the other\nmembers concerning convening a meeting.\nE9. The functions of the Sub-Committee will include:\n(i) monitoring the performance of the ATO in the administration of the\nGST (Appendix F of this Agreement);\n(ii) the assessment of policy proposals for the modification of the\nGST rate and base;\n(iii) making recommendations to the Ministerial Council on the need\nfor legislation which might significantly affect the GST base; and\n(iv) requesting the ATO to produce draft Public Rulings in specified\nareas.\nE10. The States and Territories will be consulted on draft Public Rulings prior\nto consideration by the ATO Rulings Panel and before public consultation.\nThere will be a representative from the States and Territories on the ATO\nRulings Panel in relation to GST matters.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n38\nE11. Public rulings will not be referred to the Ministerial Council. However, the\nGST Administration Sub-Committee will refer a proposed GST change to\nthe Ministerial Council for consideration if the Sub-Committee is of the\nview that the change could have a significant impact on GST revenues and\nso warrants Ministerial review.\nE12. Draft legislation which might significantly affect the GST base will be\nforwarded through the GST Administrative Sub-Committee to the\nMinisterial Council for consideration.\nAPPENDIX F\nGST ADMINISTRATION PERFORMANCE AGREEMENT – GUIDING\nPRINCIPLES\nPreamble\nF1. This Appendix outlines the principles that will guide the subsequent\ndevelopment of a GST Administration Performance Agreement (the\nPerformance Agreement) between the ATO and its agents, and the States\nand Territories (the Parties).\nObjectives and Context of the Performance Agreement\nF2. The purpose of the Performance Agreement is to provide accountability\nbetween the ATO and the States and Territories on behalf of whom the\nGST revenue is being collected. It also provides an agreed basis for the\nGST Administration Sub-Committee to monitor the administration of the\nGST by the ATO and its agents in return for the agreed GST\nadministration costs being paid by the States and Territories.\nF3. The Performance Agreement will reflect the commitment by the Parties to:\n(i) achieving world’s best practice for GST administration in\nAustralia;\n(ii) a cost-effective and transparent GST administration; and\n(iii) a cooperative relationship between the Parties.\nF4. The Performance Agreement will recognise that achievement of world’s\nbest practice GST administration, including cost-effectiveness, is\ndependent on the GST policy framework and integrated administrative\ndesign.\nF5. The Performance Agreement will be consistent with the arrangements set\nout in this Intergovernmental Agreement.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n39\nComponents of Agreement\nF6. The Performance Agreement will include outcomes to be achieved,\nbudgeting arrangements and monitoring and review arrangements for the\npurposes of maintaining accountability and transparency of operations.\nThe Performance Agreement will also include the process for raising\nmatters of operational significance with the Ministerial Council.\nOutcomes\nF7. The Performance Agreement will stipulate performance outcomes and\nappropriate benchmarks to be achieved by the ATO. These outcomes may\ninclude, but are not limited to: revenue, taxpayer registration, compliance,\nreporting, education and legislative review. Consistent with the objectives\nof the Agreement, the benchmarks are to reflect world best practice in\nGST administration.\nCost of Administration\nF8. The Performance Agreement will outline the Commonwealth\nadministration activities that are GST related for the purposes of agreeing\nthe GST administration costs.\nF9. The Performance Agreement will stipulate arrangements for an audit of\nGST costs and the systems for the control of GST costs.\nF10. The Performance Agreement will outline the process and timing of\nconsultation for developing/modifying budgets and business plans for\nGST administration. These budgets and business plans will be developed,\nand/or revised, in an appropriate and timely manner so as to broadly\naccord with Commonwealth arrangements for funding agency operations.\nF11. The Performance Agreement will recognise that the States and Territories\nwill fully compensate the Commonwealth for the agreed costs of\nadministering the GST.\nMonitoring and Review\nF12. The Performance Agreement will stipulate the:\n(i) number and timing of formal reports by the ATO to the Sub-\nCommittee;\n(ii) number and timing of progress reports by the ATO to the Sub-\nCommittee; and\n(iii) arrangements for special briefings on particular issues.\n\nFinancial Relations Agreement (Consequential Provisions) Act\n40\nF13. The Parties to the Performance Agreement will ensure appropriate\nalignment of ATO Parliamentary reporting responsibilities and reporting\nresponsibilities under the Performance Agreement.\nF14. The Performance Agreement will stipulate that ATO reports to the Sub-\nCommittee on outcomes will include:\n(i) updates on relevant internal governance arrangements, including\nappropriate strategic plans and annual and other relevant reports\nthat scrutinise aspects of GST operations (including annual and\nother relevant reports from the Australian National Audit Office);\n(ii) accrual-based financial reports;\n(iii) key outcome performance indicators (including, registrations,\nrevenue, refunds, costs, key processing workloads, Taxpayer\nCharter standards and international benchmark comparisons);\n(iv) litigation and public ruling information;\n(v) updates on relevant compliance and cost-of-compliance research;\n(vi) administrative base issues; and\n(vii) commentary on administrative performance and any key emerging\nGST compliance issues and related initiatives.\nF15. The Performance Agreement will ensure that the States and Territories\nwill have access to GST data held by the ATO subject to statutory\nlimitations.\nMatters of Operational Significance\nF16. The Performance Agreement will outline arrangements for raising matters\nof operational significance with the Ministerial Council. Matters of\noperational significance may include disputes over the interpretation of the\nPerformance Agreement and non-performance by the ATO against agreed\ntargets. The Performance Agreement will ensure that the ATO will have\nthe opportunity to provide direct advice to the Ministerial Council on any\nmatters submitted to the Council.\nDevelopment of Agreement\nF17. The Performance Agreement will be developed by the GST\nAdministration Sub-Committee and representatives of the ATO. The\nPerformance Agreement is to be developed with reference to both:\n(i) the guiding principles outlined in this Appendix; and\n\nFinancial Relations Agreement (Consequential Provisions) Act\n41\n(ii) actual GST performance data (including revenue) in the Australian\ncontext, gathered during the transitional years.\nF18. The Performance Agreement is to be finalised by the end of the GST\ntransitional year ending June 2002. The Performance Agreement is to be\nendorsed by the Ministerial Council prior to being signed.\nF19. The Performance Agreement will stipulate the process for its amendment.\nTransitional Arrangements\nF20. The ATO and the GST Administration Sub-Committee will discuss\nkey operational issues and costs commencing in October 1999 and on\na semiannual basis throughout the GST transitional year ending\n30 June 2002.\nF21. The ATO will arrange for an audit of the systems for the control of GST\ncosts and the GST costs incurred during the period from 1 July 1999 to the\ndate of the signing of the Performance Agreement by the Parties.\nF22. The ATO will undertake to establish, by the end of the Transitional year\nending 30 June 2002, final GST benchmarking arrangements with relevant\noverseas administrations, subject to their agreement. The ATO will discuss\nbenchmarking plans with the GST Administration Sub-Committee.\n____________________________\nNotes\n1. The Financial Relations Agreement (Consequential Provisions) Act\ncomprises the Financial Relations Agreement (Consequential Provisions) Act\n2000 as amended by the other Acts specified in the following table:\nAct Number and\nyear\nDate of assent by\nAdministrator\nDate of\ncommencement\nFinancial Relations\nAgreement\n(Consequential\nProvisions) Act 2000\nNo. 32, 2000 27 June 2000 1 July 2000;\nss 18 – 39:\n1 July 2001\n____________________________\n__________________","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements measures described in the Intergovernmental Agreement (Schedule) and records the Territory's intention to give effect to that Agreement (s.3 and Schedule). It makes consequential amendments to Territory taxation and royalty laws to align them with the GST reform without expanding the original reform scope set out in the Agreement."},"complexity_factors":["Omnibus amendments across many statutes and Parts (Parts 2–10) creating wide legal touchpoints and interactions.","Frequent cross-references and alignment with the Commonwealth A New Tax System (GST) Act (see Part 4 amendments to Taxation (Administration) Act, definitions inserted at s.13 and s.43).","Phased commencement dates and detailed savings/transitional provisions that require date-specific treatment (commencement s.2; savings ss.10, 39).","Repeals, substitutions and licence cancellations with refund mechanics (fuel supplier licence cancellation and refund at s.11(4)-(5)).","Detailed rules changing tax/royalty bases to be GST-exclusive, with carve-outs for input taxed supplies (Mineral Royalty and Petroleum amendments ss.44(6)-(8), 48(7)-(9); Project Agreement amendments ss.45-47).","Amendments that alter assessment, return and instrument calculation methods (hiring arrangements and motor vehicle dutiable value — ss.14-16; returns for financial institutions ss.19-24).","Removal or narrowing of stamp duties and marketable securities duties with consequential registration/registration-exclusion rules (Parts 5–6: ss.25-38; repeals in Division 2 of Stamp Duty Act).","Changes to offence and record-keeping provisions affecting compliance risk and administrative enforcement (amendments to regulatory offences and books/accounts — e.g. ss.6-8, 33-34).","Intergovernmental governance and ATO/Ministerial Council roles embedded via the Schedule (Intergovernmental Agreement) which creates administrative and coordination discretion."],"plain_english_summary":"This Act makes a package of consequential changes to Northern Territory tax laws to put the national GST reform into practice. Mechanically it repeals or phases out certain taxes and fuel subsidies, amends multiple taxation statutes to treat GST separately (often excluding GST from duty and royalty bases), cancels fuel-supplier licences and changes reporting and offence rules.\n\nThe measures affect Territory taxpayers, businesses, licensed suppliers and government agencies by changing who pays which duties, altering compliance and return obligations, and assigning administration roles to the Commissioner and intergovernmental bodies."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: implementing the Intergovernmental Agreement on GST reform through consequential amendments to existing NT tax laws. While it touches many different tax statutes, this breadth is inherent to the original intent of harmonising the Territory's tax system with the new national GST regime."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Taxation (Administration) Act, Stamp Duty Act, Fuel Subsidies Act, Financial Institutions Duty Act, Racing and Betting Act, Pay-roll Tax Act, Mineral Royalty Act, and three Project Agreement Ratification Acts)","Staggered commencement dates (1 July 2000 for most provisions, 1 July 2001 for Parts 5 and 6)","Detailed savings provisions preserving old law for transactions straddling the commencement dates","Complex GST interaction rules requiring exclusion of GST from various tax bases but inclusion for 'input taxed' supplies in mineral royalties","Repeal and substitution of entire sections rather than simple amendments","Schedule contains full Intergovernmental Agreement with 6 appendices setting out detailed administrative arrangements"],"plain_english_summary":"This is a Northern Territory law that makes changes to various taxes to implement Australia's big tax reform of 2000—the introduction of the GST (Goods and Services Tax).\n\n**What it does:**\nThe Act amends multiple Northern Territory tax laws to align with the **Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations** (the deal between the Commonwealth and States/Territories about the GST). It essentially tidies up the Territory's tax system to make way for the new national GST.\n\n**Key changes include:**\n\n*   **Abolishing the Tourism Marketing Duty** (a tax on hotel accommodation) from 1 July 2000.\n*   **Ending fuel subsidies** from 1 July 2000—stopping government subsidies that kept fuel prices down.\n*   **Adjusting stamp duty** calculations so that GST is excluded from the value of property, insurance premiums, and vehicle registrations when calculating how much duty is owed.\n*   **Phasing out Financial Institutions Duty** (a tax on bank deposits) from 1 July 2001.\n*   **Phasing out stamp duty on marketable securities** (shares and debentures quoted on stock exchanges) from 1 July 2001.\n*   **Adjusting gambling taxes**—reducing tax rates on betting and gaming machines to account for the GST now applying to gambling operators.\n*   **Excluding GST from payroll tax calculations**—wages for payroll tax purposes don't include the GST component.\n*   **Updating mineral royalty calculations** for mining projects (McArthur River, Merlin, Mt Todd) and petroleum to exclude GST from calculations, with special rules for \"input taxed\" supplies.\n\n**Who it affects:**\nBusinesses in the NT (hotels, banks, fuel suppliers, gambling operators, mining companies), property buyers, vehicle owners, and anyone paying fees or charges to the Territory government.\n\n**Why it matters:**\nThis Act was essential to implement the historic 2000 tax reform. It removed inefficient state taxes that were being replaced by GST revenue from the Commonwealth, and ensured the Territory's remaining taxes didn't unfairly double-tax people by including GST in the calculation base."}},"importantCases":[],"_links":{"self":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000","history":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000/history","analysis":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000/analysis","conflicts":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000/conflicts","importantCases":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000/important-cases","documents":"/api/acts/financial-relations-agreement-consequential-provisions-act-2000/documents"}}