1Financial Relations Agreement (Consequential Provisions) Act 2000

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NORTHERN TERRITORY OF AUSTRALIA FINANCIAL RELATIONS AGREEMENT (CONSEQUENTIAL PROVISIONS) ACT As in force at 1 July 2000 TABLE OF PROVISIONS Section PART 1 – PRELIMINARY

Short title
Commencement
Objectives PART 2 – TOURISM MARKETING DUTY Division 1 – Taxation (Administration) Act
Principal Act
Interpretation
Repeal
Regulatory offences
Books, accounts etc. Division 2 – Stamp Duty Act
Schedule 1 Division 3 – Savings provision
Savings PART 3 – FUEL SUBSIDIES
Repeal and substitution
Act does not apply to fuel supplied or used on or after 1 July 2000 PART 4 – STAMP DUTY ON CERTAIN PRICES Division 1 – Taxation (Administration) Act
Principal Act
Interpretation
Assessment of duty payable on motor vehicle certificate of registration
Instrument to be made out

ii 16. Returns in respect of hiring arrangements Division 2 – Stamp Duty Act 17. Schedule 1 PART 5 – FINANCIAL INSTITUTIONS DUTY 18. Principal Act 19. Interpretation 20. Receipts to which Act applies 21. Short-term dealing 22. Registered financial institutions: returns 23. Short-term dealers: returns 24. Payments to unregistered financial institutions PART 6 – STAMP DUTY ON MARKETABLE SECURITIES Division 1 – Taxation (Administration) Act 25. Principal Act 26. Interpretation 27. Unstamped instruments not to be registered 28. Corporations to which this Division applies 29. Repeal 30. Conveyances subject to tax or stamp duty 31. Repeal 32. Application 33. Regulatory offences 34. Books, accounts etc. 35. Regulations Division 2 – Stamp Duty Act 36. Repeal 37. Schedule 1 38. Schedule 2 Division 3 – Savings provisions 39. Savings PART 7 – GAMBLING TAX 40. Amendment of Racing and Betting Act 41. Amendment of Gaming Machine Regulations

iii PART 8 – PAY-ROLL TAX 42. Amendment of Pay-roll Tax Act 3D. GST to be excluded from wages paid or payable by a person PART 9 – REFERENCES TO FEES AND CHARGES IN OTHER LEGISLATION 43. References to fees and charges do not include GST PART 10 – MINERAL ROYALTIES 44. Amendment of Mineral Royalty Act 45. Amendment of McArthur River Project Agreement Ratification Act 6. Calculation of royalties exclusive of GST 46. Amendment of Merlin Project Agreement Ratification Act 5A. Calculation of royalties exclusive of GST 47. Amendment of Mt Todd Project Agreement Ratification Act 6. Calculation of royalties exclusive of GST 48. Amendment of Petroleum Act SCHEDULE

NORTHERN TERRITORY OF AUSTRALIA

This reprint shows the Act as in force at 1 July 2000. Any amendments that may come into operation after that date are not included.

Section 1 - Financial Relations Agreement (Consequential Provisions) Act 2000 - Financial Relations Agreement (Consequential Provisions) Act 2000 | Zoe

Financial Relations Agreement (Consequential Provisions) Act 13 PART 10 – MINERAL ROYALTIES 44. Amendment of Mineral Royalty Act (1) Section 7 of the Mineral Royalty Act is amended by adding at the end the following: "(6) In calculating an amount of expenditure for the purposes of this section, subject to subsection (7), an amount or value that affects the calculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(7) Where an amount or value that affects the calculation referred to in subsection (6) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(8) In subsections (6) and (7), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.". (2) Section 10 of the Mineral Royalty Act is amended by adding at the end the following: "(9) For the purpose of calculating or recalculating an amount of royalty under this section, subject to subsection (10), an amount or value that affects the calculation or recalculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(10) Where an amount or value that affects the calculation or recalculation referred to in subsection (9) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(11) In subsections (9) and (10), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.". 45. Amendment of McArthur River Project Agreement Ratification Act The McArthur River Project Agreement Ratification Act is amended by inserting after section 5 the following:

Financial Relations Agreement (Consequential Provisions) Act 14 "6. Calculation of royalties exclusive of GST "(1) For the purpose of calculating or recalculating an amount of royalty under clause 22(4) of the Agreement, subject to subsection (2), an amount or value that affects the calculation or recalculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(2) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(3) For the purposes of section 4(5), the Agreement is to be taken to be amended to the extent necessary to give effect to subsections (1) and (2). "(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.". 46. Amendment of Merlin Project Agreement Ratification Act The Merlin Project Agreement Ratification Act is amended by inserting after section 5 in Part 2 the following: "5A. Calculation of royalties exclusive of GST "(1) For the purpose of calculating or recalculating an amount of royalty under clause 5 of the Agreement, subject to subsection (2), an amount or value that affects the calculation or recalculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(2) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(3) For the purposes of section 4(5), the Agreement is to be taken to be amended to the extent necessary to give effect to subsections (1) and (2). "(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.".

Financial Relations Agreement (Consequential Provisions) Act 15 47. Amendment of Mt Todd Project Agreement Ratification Act The Mt Todd Project Agreement Ratification Act is amended by inserting after section 5 the following: "6. Calculation of royalties exclusive of GST "(1) For the purpose of calculating or recalculating an amount of royalty under clause 18(2) of the Agreement, subject to subsection (2), an amount or value that affects the calculation or recalculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(2) Where an amount or value that affects the calculation or recalculation referred to in subsection (1) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(3) For the purposes of section 4(5), the Agreement is to be taken to be amended to the extent necessary to give effect to subsections (1) and (2). "(4) In subsections (1) and (2), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.". 48. Amendment of Petroleum Act Section 84 of the Petroleum Act is amended by adding at the end the following: "(7) In calculating the gross value at the well-head of petroleum for the purposes of this section, subject to subsection (8), an amount or value that affects the calculation is to be taken to be the amount or value exclusive of the amount of GST (if any) payable in relation to a supply to which that amount or value relates. "(8) Where an amount or value that affects the calculation referred to in subsection (7) is directly attributable to an acquisition that relates to a supply that is input taxed, the amount or value is to be taken to be the amount or value inclusive of the amount of GST (if any) payable in relation to the acquisition to which that amount or value relates. "(9) In subsections (7) and (8), 'acquisition', 'GST', 'input taxed' and 'supply' have the same respective meanings as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.".

Financial Relations Agreement (Consequential Provisions) Act 19 (x) Nothing in this clause will prevent any Party from introducing anti- avoidance measures that are reasonably necessary to protect its remaining tax base or liabilities accrued prior to the date the tax ceases to apply. GST Legislation 6. All Parties agree to reconsider this Agreement should the Commonwealth Parliament pass the GST legislation in a way that significantly affects this Agreement. Distribution of GST Revenue 7. The Commonwealth will make GST revenue grants to the States and Territories equivalent to the revenue from the GST subject to the arrangements in this Agreement. GST revenue grants will be freely available for use by the States and Territories for any purpose. 8. The Commonwealth will distribute GST revenue grants among the States and Territories in accordance with horizontal fiscal equalisation (HFE) principles subject to the transitional arrangements set out below and other relevant provisions of this Agreement. 9. Details of the payment arrangements are contained in Appendix B to this Agreement. Transitional Arrangements 10. In each of the transitional years following the introduction of the GST, the Commonwealth guarantees that the budgetary position of each individual State and Territory will be no worse off than it would have been had the reforms set out in this Agreement not been implemented. 11. The Commonwealth will extend the transitional period by Regulation (as provided for in the A New Tax System (Commonwealth-State Financial Arrangements) Act 1999) to give effect to the commitments in clause 10 in the event that transitional assistance is required by any State or Territory after 30 June 2003. 12. To meet this guarantee, the Commonwealth will make transitional assistance payments to each State and Territory, as necessary, over this period. These payments will take the form of interest free loans and grants in July 2000-01 and grants paid quarterly in subsequent years and will be freely available for use by the States and Territories for any purpose. Any payments or repayments made by way of loans or grants under the Commonwealth’s guarantee will be excluded from assessments of per capita relativities recommended by the Commonwealth Grants Commission (CGC).

Financial Relations Agreement (Consequential Provisions) Act 20 13. The amounts of any additional assistance under the guarantee will be determined in accordance with the processes set out in Appendix C to this Agreement. 14. After the second year following the introduction of the GST, GST revenue grants will be determined on the basis of HFE principles. That is, after the first two years, any State or Territory which is receiving more than would have been received under the current arrangements will retain that excess. First Home Owners Scheme 15. To offset the impact of the introduction of a GST, the States and Territories will assist first homebuyers through the funding and administration of a new uniform First Home Owners Scheme. 16. This assistance will be provided to first home owners consistent with Appendix D to this Agreement. Application of the GST to Government 17. The Parties intend that the Commonwealth, States, Territories and local government and their statutory corporations and authorities will operate as if they were subject to the GST legislation. They will be entitled to register, will pay GST or make voluntary or notional payments where necessary and will be entitled to claim input tax credits in the same way as non-Government organisations. All such payments will be included in GST revenue. 18. The Commonwealth will legislate to require the States and the Northern Territory to withhold from any local government authority being in breach of Clause 17 a sum representing the amount of unpaid voluntary or notional GST payments. Amounts withheld will form part of the GST revenue pool. Detailed arrangements will be agreed by the Ministerial Council on advice from Heads of Treasuries. Government Taxes and Charges 19. The Commonwealth, States and Territories agree that the GST does not apply to the payment of some taxes and compulsory charges. 20. The Parties will agree a list of taxes and compulsory charges that are outside the scope of the GST. This list will be promulgated by a determination by the Commonwealth Treasurer as set out in Division 81-5 of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act). 21. In agreeing the list, the Commonwealth, States and Territories will have regard to the following principles:

Financial Relations Agreement (Consequential Provisions) Act 21 (i) taxes that are in the nature of a compulsory impost for general purposes and compulsory charges by the way of fines or penalties should not be subject to GST as these will not relate to any specific supply of goods or services; (ii) similarly, those regulatory charges that do not relate to particular goods or services should be outside the scope of the GST; and (iii) the inclusion of any other charge in the Commonwealth Treasurer’s determination notwithstanding that it may relate to the supply of a particular good or service will require the unanimous agreement of the Commonwealth, States and Territories. 22. The agreed list of taxes and other compulsory charges that are outside the scope of the GST will be subject to on-going review and adjustment as necessary in consultation with the Ministerial Council. The Parties will notify any objections to changes to the list within a period to be specified by the Ministerial Council. Reciprocal Taxation 23. Reciprocal taxation will be progressed on a revenue neutral basis, through the negotiation of a Reciprocal Taxation Agreement with the objectives of: (i) improving the transparency of tax arrangements between all levels of government; (ii) ensuring tax neutrality; and (iii) replacing the Statement of Policy Intent (SOPI) for the taxation treatment of Government Business Enterprises with tax arrangements which are broader in scope. 24. It is the intention of the Parties to this Agreement that a National Tax Equivalent Regime (NTER) for income tax will be operational for State and Territory government business enterprises from 1 July 2000. It is also intended that the reciprocal application of other Commonwealth, State and Territory taxes will be subsequently implemented as soon as practicable. 25. Local government organisations will be consulted with a view to making the NTER for income tax operational for wholly owned local government business enterprises from 1 July 2000 and including local government in the Reciprocal Tax Agreement at a later date. 26. Where the application of full indirect reciprocal tax arrangements is prevented by the Constitution, jurisdictions have agreed to work cooperatively to introduce voluntary payment arrangements in these circumstances.

Financial Relations Agreement (Consequential Provisions) Act 30 APPENDIX B PAYMENT OF GST REVENUES TO THE STATES AND TERRITORIES B1. Subject to the transitional arrangements and other relevant provisions in this Agreement, the Commonwealth will distribute GST revenue grants among the States and Territories in accordance with horizontal fiscal equalisation (HFE) principles. B2. The pool of funding to be distributed according to HFE principles in a financial year will comprise GST revenue grants and health care grants as defined under an Australian Health Care Agreement between the Commonwealth and the States and Territories. A State or Territory’s share of the pool will be based on its population share, adjusted by a relativity factor which embodies per capita financial needs based on recommendations of the Commonwealth Grants Commission. The relativity factor for a State or Territory will be determined by the Commonwealth Treasurer after he has consulted with each State and Territory. B3. The total amount of GST revenue to be provided to the States and Territories in a financial year will be defined as: (i) the sum of GST collections, voluntary and notional payments made by government bodies, and amounts withheld pursuant to clause 18; reduced by (ii) the amounts paid or applied under Division 35 of the GST Act and under section 39 of the Taxation Administration Act 1953. B4. The total amount of GST revenue in a financial year will be determined by the Commissioner of Taxation in the following way: (i) actual outcomes for the items listed in paragraph B3 for the period 1 July to 31 May; plus (ii) estimated outcomes for the items listed in paragraph B3 for the month of June; plus (iii) an adjustment amount (which may be positive or negative) to account for any difference between the estimated and actual outcome for the items listed in paragraph B3 for the month of June in the previous year. B5. GST revenue grants will be paid by the Commonwealth on the twenty- seventh day of each month. Where the scheduled payment day is a Saturday, Sunday or public holiday in Canberra, the payment will be made on the next business day of the Reserve Bank of Australia in Canberra.

Financial Relations Agreement (Consequential Provisions) Act 32 B9. States shall be informed of the quantum of the final monthly payment of GST revenues grants by close of business Canberra time on the sixteenth day of June. Where the sixteenth day of June is a Saturday, Sunday or public holiday in Canberra, the Commonwealth shall inform the States of the quantum of the final payment on the last business day of the Reserve Bank of Australia in Canberra prior to the thirteenth. B10. The timing of payments of GST revenue grants may be varied by agreement between the Parties to this Agreement. APPENDIX C TRANSITIONAL ARRANGEMENTS Guarantee in Legislation C1. Commonwealth legislation will provide a State or Territory with an entitlement to an additional amount of funding from the Commonwealth to offset any shortfall between its entitlement to GST revenue grants and the total amount of funding which would ensure that the budgetary position of a State or Territory is not worse off during the transition period. (i) In 2000-01, transitional assistance will be provided to a State or Territory as a grant or an interest free loan to be repaid to the Commonwealth in full in 2001-02. (ii) In subsequent transitional years, transitional assistance will be provided to a State or Territory as a grant. Guaranteed Minimum Amount C2. The amount of a State or Territory’s entitlement to transitional assistance in a financial year will be calculated by subtracting its entitlement to GST revenue grants from a “Guaranteed Minimum Amount” constructed in the following way: State revenues forgone: financial assistance grants, revenue replacement payments and State and Territory taxes as defined in Appendix A of this Agreement with the exception of stamp duties on marketable securities which will be the amount as if fully abolished. plus Reduced revenues: the amount by which States and Territories adjust gambling taxation arrangements to take account of the impact of the GST on gambling operators. plus

Financial Relations Agreement (Consequential Provisions) Act 34 Heads of Treasuries’ Advice to Ministerial Council C3. The Guaranteed Minimum Amount for a State or Territory will be determined by the Commonwealth Treasurer by 10 June of each year of the transition period. The Ministerial Council will make recommendations to the Treasurer on the Guaranteed Minimum Amount for each State and Territory. C4. The Heads of Treasuries will provide written advice to the Ministerial Council on the following issues by the indicated dates. (i) By 1 March 2000, advice on the estimated loans and grants to be provided to each State and Territory in 2000-01 and the amounts which the Commonwealth should provide to each State and Territory on Tuesday 4 July 2000. (ii) By 1 November 2000 advice on the most recent estimates of transitional assistance for the year and any adjustment that may need to be made to the amount of the loans and grants made to each State and Territory. (iii) By 1 September of each subsequent year of the transition period, advice on the most recent estimates of the transitional assistance to be provided to each State and Territory in the financial year and the installment amounts which the Commonwealth should provide to each State and Territory on the first Tuesday of the following October and January. This advice should identify the adjustments for the net difference between preliminary estimates and outcomes or final estimates for items that were taken into account in the previous year’s Guaranteed Minimum Amount for a State or Territory. (iv) By 1 March of each subsequent year of the transition period, advice on the most recent estimates of the transitional assistance to be provided to each State and Territory in both the current financial year and the next financial year, and the installment amounts which the Commonwealth should provide to each State and Territory on the first Tuesday of the following April and July. (v) By 1 June of each year of the transition period, advice on the Guaranteed Minimum Amount for each State and Territory in the current financial year. Frequency and Amounts of Payments and Repayments C5. In each year of the transitional period after 2000-01, the Commonwealth will provide an installment of the guarantee payment to a State or Territory on the first Tuesday (or the first business day thereafter) of January, April,

Financial Relations Agreement (Consequential Provisions) Act 35 July and October. The installment amounts will reflect the advice to be provided to the Ministerial Council by the Heads of Treasuries under paragraph C4. C6. Adjustments to the total amount of additional assistance to a State or Territory in light of actual GST collections and the Treasurer’s determination of the Guaranteed Minimum Amount will be made in conjunction with the payments of GST revenue grants after 10 June in each year. C7. A State or Territory will repay a loan which it receives from the Commonwealth in 2000-01 in quarterly installments in 2001-02. These installments will be paid to the Commonwealth on the same day on which a State or Territory receives an amount of GST revenue grants in the months of July, October, January and April. C8. The methodology for calculating the amounts of particular components of the Guaranteed Minimum Amount for a State or Territory has been agreed by the Heads of Treasuries and is set out in the document titled Methodology for Estimation of Components of the Guaranteed Minimum Amount. APPENDIX D FIRST HOME OWNERS SCHEME Principles D1. The States and Territories will make legislative provision for the First Home Owners Scheme (FHOS) from 1 July 2000 which will incorporate programme criteria consistent with the following principles: (i) Eligible applicants will be entitled to $7,000 assistance (per application) on eligible homes under the FHOS. (ii) Assistance will be available directly as a one off payment. If the recipient expressly consents, it may be available as an offset against statutory levies and charges or some combination of these. (iii) Eligible applicants must be natural persons who are Australian citizens or permanent residents who are buying or building their first home in Australia. An applicant’s spouse (or de facto) must be included on the application. (iv) To qualify for assistance, neither the applicant or the applicant’s spouse (or de facto) must have previously owned a home, either jointly, separately or with some other person.

Financial Relations Agreement (Consequential Provisions) Act 36 (v) Entering into a binding contract or commencement of building in the case of owner builders, must have occurred on or after 1 July 2000. (vi) An eligible home will be a new or established house, home unit, flat or other type of self contained fixed dwelling that meets local planning standards. Fixed dwellings will include demountable dwellings where these meet local planning standards. (vii) An eligible home must be intended to be a principal place of residence and occupied within a reasonable period. The home must be located in the State or Territory in which the application is made. Applicants who have entered into a financing mechanism which involves a shared equity arrangement will be eligible. (viii) Assistance will not be means tested. (ix) The relevant State and Territory legislation will contain adequate administrative review and appeal mechanisms, along with provision to prevent abuse of the FHOS. The States and Territories will cooperate in the exchange of information to identify eligible first home owners. Other matters D2. Funding of grants under the FHOS may not be drawn from Home Purchase Assistance (HPA) funds provided through the Commonwealth State Housing Agreement, including the pool of existing HPA revenues. D3. Further details concerning eligibility criteria consistent with the above principles are to be agreed between the Commonwealth and each State and Territory. D4. The States and Territories will not introduce or vary any taxes or charges associated with home purchase with the intention of offsetting the benefits of the FHOS for recipients. APPENDIX E GST ADMINISTRATION E1. The Commissioner of Taxation has the general administration of the GST law. E2. The ATO will arrange for the Australian Customs Service to assist with the collection of the GST on imports. E3. During the first 12 months following the implementation of the GST, the Commonwealth will retain the discretion to make changes to the GST base

Financial Relations Agreement (Consequential Provisions) Act 37 of an administrative nature. For this purpose, changes of an administrative nature involves legislation necessary to: (i) protect the integrity of the GST base; or (ii) prevent tax avoidance. E4. The Commonwealth will include the definition of change of an administrative nature in the A New Tax System (Commonwealth-State Financial Arrangements) Bill 1999. E5. From July 2001, changes of an administrative nature as defined in E3 will require the majority support of the Commonwealth, States and Territories. E6. The GST Administration Sub-Committee, which will commence operation from 1 July 1999, will monitor the operation and administration of the GST and make recommendations regarding modifications to the GST and the administration of the GST. E7. The GST Administration Sub-Committee will comprise officials from each Party to the Agreement including representatives from the ATO as required. The Commonwealth Treasury will chair the GST Administration Sub-Committee. E8. The Chair will convene the GST Administration Sub-Committee in consultation with other members of the Sub-Committee as often as may be necessary to conduct its business. If the Chair receives a request from a member of the Sub-Committee, the Chair will consult with the other members concerning convening a meeting. E9. The functions of the Sub-Committee will include: (i) monitoring the performance of the ATO in the administration of the GST (Appendix F of this Agreement); (ii) the assessment of policy proposals for the modification of the GST rate and base; (iii) making recommendations to the Ministerial Council on the need for legislation which might significantly affect the GST base; and (iv) requesting the ATO to produce draft Public Rulings in specified areas. E10. The States and Territories will be consulted on draft Public Rulings prior to consideration by the ATO Rulings Panel and before public consultation. There will be a representative from the States and Territories on the ATO Rulings Panel in relation to GST matters.

Financial Relations Agreement (Consequential Provisions) Act 40 F13. The Parties to the Performance Agreement will ensure appropriate alignment of ATO Parliamentary reporting responsibilities and reporting responsibilities under the Performance Agreement. F14. The Performance Agreement will stipulate that ATO reports to the Sub- Committee on outcomes will include: (i) updates on relevant internal governance arrangements, including appropriate strategic plans and annual and other relevant reports that scrutinise aspects of GST operations (including annual and other relevant reports from the Australian National Audit Office); (ii) accrual-based financial reports; (iii) key outcome performance indicators (including, registrations, revenue, refunds, costs, key processing workloads, Taxpayer Charter standards and international benchmark comparisons); (iv) litigation and public ruling information; (v) updates on relevant compliance and cost-of-compliance research; (vi) administrative base issues; and (vii) commentary on administrative performance and any key emerging GST compliance issues and related initiatives. F15. The Performance Agreement will ensure that the States and Territories will have access to GST data held by the ATO subject to statutory limitations. Matters of Operational Significance F16. The Performance Agreement will outline arrangements for raising matters of operational significance with the Ministerial Council. Matters of operational significance may include disputes over the interpretation of the Performance Agreement and non-performance by the ATO against agreed targets. The Performance Agreement will ensure that the ATO will have the opportunity to provide direct advice to the Ministerial Council on any matters submitted to the Council. Development of Agreement F17. The Performance Agreement will be developed by the GST Administration Sub-Committee and representatives of the ATO. The Performance Agreement is to be developed with reference to both: (i) the guiding principles outlined in this Appendix; and