A New Tax System (Goods and Services Tax) Act 1999
38‑570 Telecommunication supplies made u38‑570 Telecommunication supplies made under arrangements for global roaming in the indirect tax zone
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38‑570 Telecommunication supplies made under arrangements for global roaming in the indirect tax zone
(1) A *telecommunication supply is GST‑free if: (a) the supply is to enable the use in the indirect tax zone of a portable device for sending and receiving signals, writing, images, sounds or information by an electromagnetic system while the device is linked to: (i) an international mobile subscriber identity; or (ii) an IP address; or (iii) another internationally recognised identifier; containing a home network identity that indicates a subscription to a telecommunications network outside the indirect tax zone; and (b) the supply is covered by subsection (2) or (3). Supply by non‑resident telecommunications supplier (2) This subsection covers the supply if: (a) the supply is made to the subscriber in connection with the subscription; and (b) the billing of the subscriber for the supply is to an address outside the indirect tax zone; and (c) the supply is made by a *non‑resident that: (i) *carries on outside the indirect tax zone an *enterprise of making *telecommunication supplies; and (ii) does not *carry on in the indirect tax zone such an enterprise. Supply by Australian resident telecommunications supplier (3) This subsection covers the supply if: (a) the supply is made by an *Australian resident that is: (i) a carrier, or a carriage service provider, as defined in the Telecommunications Act 1997; or (ii) an internet service provider as defined in the Online Safety Act 2021; and (b) the supply is provided to the user in the indirect tax zone of the device; and (c) the supply is made to a *non‑resident that: (i) *carries on outside the indirect tax zone an *enterprise of making *telecommunication supplies; and (ii) does not *carry on in the indirect tax zone such an enterprise.